← Library
Madras High CourtCRP(MD)/1920/2025disposed of

S.Asan Rabia v. J.R.Srinivasan

2025-07-28Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.[NPD](MD)No.1920 of 2025 and C.M.P.(MD)No.10893 of 2025 S.Asan Rabia

...Petitioner

Vs.

1.J.R.Srinivasan 2.Jeenath Bibi 3.S.Mohamed Aliyar 4.S.Mohamed Maharaja 5.S.Sikkandar Farnala 6.S.Fenazir Fathima

...Respondents

PRAYER: Civil Revision Petition is filed under Section 25 of Lease and Rent Control Act, praying to set aside the fair and decreetal order dated 21.04.2025 passed in R.C.A.No.7 of 2023, on the file of the Rent Control Appellate Authority (Principal Sub Judge), Madurai confirming the fair and decreetal 1/6

order dated 21.11.2012 passed in R.C.O.P.No.193 of 2011, on the file of Additional Rent Controller (Additional District Munsif), Madurai, by allowing this Civil Revision Petition.

For Petitioner : Mr.B.Vikram Veerasamy for Mr.V.Muthu Kamatchi For Respondent No.1 : Mr.J.Bharathan For Respondents 2, 4 to 6 : No Appearance

O R D E R

This petition has been filed seeking to set aside the fair and decreetal order dated 21.04.2025 passed in R.C.A.No.7 of 2023, on the file of the Rent Control Appellate Authority (Principal Sub Judge), Madurai confirming the fair and decreetal order dated 21.11.2012 passed in R.C.O.P.No.193 of 2011, on the file of Additional Rent Controller (Additional District Munsif), Madurai. 2.Learned Counsel for the petitioner would submit that the petitioner is a tenant under the first respondent. The first respondent filed eviction proceedings in R.C.O.P.193 of 2011 before the Additional District Rent Controller Court, (Additional District Munsif Court), Madurai and the same was allowed in his favour, as against which the petitioner preferred an appeal before 2/6

the Rent Control Appellate Authority (Principal Sub Judge), Madurai in R.C.A.No.7 of 2023 and the same was dismissed. As against the concurrent findings, the present Civil Revision Petition has been filed. 3.Today, when the matter was taken up for hearing, learned Counsel for the petitioner would submit that the petitioner has agreed to vacate the premises within a period of eight [8] months from today and she is also ready to pay the enhanced rent of Rs.12,000/- from July onwards. Learned Counsel also filed an undertaking affidavit before this Court to that effect. 4.Learned Counsel for the first respondent has no serious objection for the same.

5.In view of the above, the petitioner is directed to vacate the premises on or before 31st March, 2026. Till such time, the petitioner is directed to pay the enhanced rent of Rs.12,000/-, commencing from the month of July, 2025. If the petitioner fails to vacate the premises on or before 31st March, 2026, then the respondent / landlord is at liberty to vacate the petitioner with the help of the jurisdictional police. The said undertaking affidavit filed by the petitioner shall form part of this order.

3/6

6.Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

28.07.2025 Internet:Yes/No Index:Yes/No MR 4/6

To 1.The Rent Control Appellate Authority (Principal Sub Judge), Madurai.

2.The Additional Rent Controller (Additional District Munsif), Madurai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

5/6

M.DHANDAPANI , J.

MR C.R.P.(MD)No.1920 of 2025 28.07.2025 6/6