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Madras High CourtCRP(MD)/1752/2025disposed of

P.Soundarapandian v. R.C.Diocese Of Madurai

2025-07-03Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/07/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.1752 of 2025 and CMP(MD) No.9498 of 2025 P.Soundarapandian ... Petitioner Vs R.C.Diocese of Madurai, Rep its Procurator, Archbishops House, K.Pudur, Madurai - 625 007..

... Respondent PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records relating to the fair and decreetal order passed in R.L.T.A.No.2 of 2024 dated 06.12.2024 on the file of the Additional District Court (FTC) Theni confirming the fair and decreetal order dated 30.10.2023 passed in R.L.T.O.P.No.1 of 2021 on the file of the District Munsif, Theni and set aside the same as illegal. For Petitioner : Mr.C.Sundaravadivel For Respondent : Mr.C.Dhanaseelan 1/5

ORDER

The Civil Revision Petition is filed against the fair and decreetal order dated 06.12.2024 passed in R.L.T.A.No.2 of 2024 on the file of the Additional District Court (FTC) Theni confirming the fair and decreetal order dated 30.10.2023 passed in R.L.T.O.P.No.1 of 2021 on the file of the District Munsif, Theni.

2. The petitioner is the respondent/tenant in RCOP No.1/2021 and the respondent landlord filed an eviction petition on the ground of non existence of agreement. The said petition was allowed vide judgment dated 30.10.2023 against which, the petitioner preferred an appeal in RLTA No.2/2024 on the file of the Additional District Court (FTC) Theni and the appeal was also dismissed on 06.12.2024. Challenging the said order, the petitioner is before this Court.

3. The learned counsel for the petitioner and the petitioner/tenant appeared before this Court. The petitioner/tenant has agreed to pay the arrears of compensation as on date, which is worked out to Rs.4,71,288/- 2/5

and agreed to pay the same on or before 01.09.2025 and has also agreed to pay Rs.15,000/- as rent, on or before 7th of every month from 07.07.2025 onwards. The petitioner has also agreed to vacate the premises within a period of six months ie,. on or before 07.01.2026.

4. The learned counsel for the respondent, on instruction, would submit that for the aforesaid, the respondent has no serious objection.

5. In view of the settlement arrived at between the parties, the Civil Revision Petition is disposed of with the following directions: (i) The petitioner shall pay Rs.4,71,288/- on or before 01.09.2025; (ii) The petitioner shall continue to pay Rs.15,000/- as rent and he shall pay the said monthly rent on or before the 7th day of every English calender month;

(iii) The petitioner shall directly pay the monthly rent or through Demand draft to the respondent every month;

(iv) The petitioner shall vacate the premises and hand over vacant shop on or before 07.01.2026;

(v) if the petitioner failed to vacate the premises as undertaken by 3/5

him before this Court, on or before 07.01.2026, the jurisdictional police is directed to evict the petitioner from the premises and hand over the shop to the respondent;

(vi) If the petitioner failed to pay the compensation on or before 01.09.2025 or pay the monthly rent as aforesaid, the respondent is at liberty to carry out eviction proceedings as aforesaid; (vii) The trial Court is directed to defer the delivery proceedings till such time, ie., 07.01.2026. Thereafter, the respondent is at liberty to proceed in accordance with law.

No costs. Consequently connected Miscellaneous Petition is closed. 03.07.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Additional District Court (FTC) Theni 2.The District Munsif, Theni 2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) (NPD) No.1752 of 2025 Date : 03/07/2025 5/5