Arumugam v. Maheswaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD).No.13792 of 2025 1.Arumugam 2.Nagasubramanian

...Petitioners

Vs.

Maheswaran

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 03.07.2025 made in I.A.No.5 of 2025 in R.L.T.O.P.No.2 of 2023 on the file of the learned District Munsif of Bodinayakanur, by allowing the Civil Revision Petition. For Petitioner : Mr.S.Balasubramanian

ORDER

This Civil Revision Petition has been filed to set aside the fair and decreetal order dated 03.07.2025 made in I.A.No.5 of 2025 in R.L.T.O.P.No.2 of 2023 on the file of the learned District Munsif, Bodinayakanur. .

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2. The respondent herein filed a petition in R.L.T.O.P.No.2 of 2023 before the learned District Munsif, Bodinayakanur, under Sections 22(2)(b), 22(2)(c), and 22(2)(g) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2015, seeking eviction against the petiioners. Pending the said petition, the respondent herein filed an amendment petition before the trial Court under Order VI Rule 17 of the Code of Civil Procedure, 1908 to amend the petition in the main Rent Litigation Tenancy Original Petition. The said petition was allowed on 03.07.2025. Challenging the same, the petitioners have filed the present Civil Revision Petition.

3. The learned counsel appearing for the petitioners would submit that the petitioners are tenants under the respondent. He would further submit that at the fag end of the trial, the respondent filed an amendment petition for amending the prayer, which is not sustainable in law. He would further submit that the trial Court, without considering the same, mechanically passed the order, which is not permissible. Accordingly, he prays for allowing this petition.

4. Since no adverse orders are going to be passed against the respondent, notice to the respondent is dispensed with.

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5. As per the provisions of Order VI Rule 17 of the Code of Civil Procedure, 1908, at any stage, an amendment petition can be maintained. Further, in the present case, the amendment is only to amend the prayer, for which there is no change of cause of action. As per Section 4 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2015, it is only a legal issue in which no prejudice would be caused to the petitioners, and they can very well take all the available defences before the trial Court during trial.

6. In view of the above, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 22.08.2025 Internet:Yes/No Index:Yes/No TSG To 1.The District Munsif Court, Bodinayakanur.

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

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M.DHANDAPANI , J.

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