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Madras High CourtCRP(MD)/2331/2025disposed of

M.Manohar v. S.R.Sivathanu

2025-08-28Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.R.P(MD)No.2331 of 2025 and CMP (MD) No.13984 of 2025 M.Manohar ... Petitioner Vs.

S.R.Sivathanu ... Respondent(s) PRAYER: Civil Revision Petition - filed under Article 227 of Constitution of India, to set aside the order dated 21.07.2025 passed in E.A.No.1 of 2025 in E.P.No.4 of 2024 in R.C.O.P.No.37 of 2018 On the file of the III Additional District Munsif, Madurai Town.

For Petitioner : Mr.K.Mahendran For Respondent : Mr.S.Jagadeesh 1/5

ORDER

This Civil Revision Petition is filed challenging the order dated 21.07.2025 passed in E.A.No.1 of 2025 in E.P.No.4 of 2024 in R.C.O.P.No.37 of 2018 On the file of III Additional District Munsif, Madurai Town, rejecting the petitioner's prayer to stay the execution proceedings.

2. The civil revision petitioner is the Tenant and the respondent is the landlord. The respondent initiated rent control proceedings in R.C.O.P.No. 37 of 2018, on the ground of wilful default. The said RCOP was allowed and thereafter, the execution petition was filed in E.P.No.4 of 2024. Meanwhile, the petitioner filed E.A.No.1 of 2025 under Section 23(2) of the Tamil Nadu Buildings Lease and Rent Control Act, 1960, which was dismissed. Aggrieved by the same, the petitioner has filed the present civil revision petition.

3. The learned counsel for the petitioner submits that the petitioner filed an undertaking affidavit before this Court stating that the petitioner is ready to vacate the premises within a period of six months from 2/5

the date of receipt of a copy of this order. The learned counsel further submit that the petitioner is agreed to pay Rs.50,000/- (Rupees Fifty Thousand only) as arrears of rent to the respondent/landlord by way of Demand Draft within a period of four weeks from the date of receipt of a copy of this order.

4. The learned counsel for the respondent has no serious objection to the aforesaid submission of the learned counsel for the petitioner. However, he submits that in the event of default in complying with the above terms, this Court may issue a direction to the petitioner to evict the petitioner with the assistance of the jurisdictional police officer.

5. Recording the aforesaid submissions of the learned counsel for the petitioner as well as the learned counsel for the respondent, this Court directs the civil revision petitioner to vacate the premises within a period of six months from the date of receipt of a copy of this order and as agreed by the petitioner, the petitioner is directed to pay Rs.50,000/- (Rupees Fifty Thousand only) as arrears of rent to the respondent/landlord by way of Demand Draft within a period of four weeks from the date of receipt of a copy of this order and continue to pay the monthly rent. Failing compliance 3/5

with the above conditions, the respondent is at liberty to initiate proceedings to evict the petitioner herein with the assistance of the jurisdictional police, if necessary.

6. The civil revision petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

28.08.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No PKN To 1.The III Additional District Munsif, Madurai Town.

2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

4/5

M.DHANDAPANI,J.

PKN C.R.P.(MD)No.2331 of 2025 28.08.2025 5/5