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Madras High CourtCRP(MD)/1374/2026dismissed

M.Barisulthan v. R.Devi

2026-06-04Honourable Mr Justice V. Lakshminarayanan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2026

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN C.R.P.(MD)Nos.1374 & 1375 of 2026 and C.M.P.(MD)Nos.6712 & 6713 of 2026 C.R.P.(MD)No.1374 of 2026 :

M.Barisulthan .. Petitioner Vs.

R.Devi .. Respondent Prayer : Civil Revision Petition is filed under Section 25 of the Tamilnadu Buildings (Lease and Rent Control) Act, 1960 as amended by Amended Acts, 1974 and 1980, to set aside the fair and decretal order dated 19.09.2025 made in R.C.A.No.29 of 2023 on the file of the learned Principal Subordinate Judge cum Rent Control Appellate Authority, Madurai, reversing the fair and decretal order dated 05.09.2023 made in R.C.O.P.No.177 of 2018 on the file of the Additional District Munsif cum Buildings Rent Controller, Madurai Town, by allowing this revision. For Petitioner : Mr.G.Aravinthan for M/s.Aran Legal Consultancy For Respondent : Mr.Yuvadharmaraj for Mr.T.C.S.Thillainayagam Page No 1 of 10

C.R.P.(MD)No.1375 of 2026 :

M.Barisulthan .. Petitioner Vs.

R.Devi .. Respondent Prayer : Civil Revision Petition is filed under Section 25 of the Tamilnadu Buildings (Lease and Rent Control) Act, 1960 as amended by Amended Acts, 1974 and 1980, to set aside the fair and decretal order dated 19.09.2025 made in R.C.A.No.38 of 2024 on the file of the learned Principal Subordinate Judge cum Rent Control Appellate Authority, Madurai, reversing the fair and decretal order dated 05.09.2023 made in R.C.O.P.No.177 of 2018 on the file of the Additional District Munsif cum Buildings Rent Controller, Madurai Town, by allowing this revision. For Petitioner : Mr.G.Aravinthan for M/s.Aran Legal Consultancy For Respondent : Mr.Yuvadharmaraj for Mr.T.C.S.Thillainayagam COMMON ORDER These Civil Revision Petitions have been filed challenging the fair and decretal orders dated 19.09.2025 passed in R.C.A.Nos.29 of 2023 and 38 of 2024 on the file of the learned Principal Page No 2 of 10

Subordinate Judge-cum-Rent Control Appellate Authority, Madurai, reversing the fair and decretal order dated 05.09.2023 passed in R.C.O.P.No.177 of 2018 on the file of the learned Additional District Munsif-cum-Buildings Rent Controller, Madurai Town.

2. Yesterday, i.e., on 03.06.2026, Mr.G.Aravinthan, learned counsel appearing for the petitioner, fairly submitted that he is not impugning the order of the Rent Controller and the Rent Control Appellate Authority on merits. He urged that, if sufficient time is granted, the petitioner will surrender peaceful and vacant possession of the petition-mentioned property to the respondent/landlord within a period of one year.

3. Taking note of the fact that several litigations have been pending between the parties, at least from the year 2008, I informed Mr.G.Aravinthan that the petitioner may vacate and hand over possession of the property on or before 31.12.2026. Mr.G.Aravinthan was agreeable to the said proposal and sought time to file an affidavit of undertaking. Accordingly, I listed the matter today for the purpose of filing the affidavit. Page No 3 of 10

4. Mr.G.Aravinthan has filed the affidavit of undertaking of the tenant, which is scanned and extracted hereunder : Page No 4 of 10

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5. The undertaking given in paragraph No.13 is recorded. In addition to the said undertaking, the tenant will pay the rent payable up to 31.12.2026, in advance, to the landlord on or before 30.06.2026.

6. Mr.Yuvadharmaraj, learned counsel representing the landlord, expresses his willingness not only for the time granted by the Court, but also to receive the rents in advance for the period ending with 31.12.2026.

7. Accordingly, these Civil Revision Petitions are dismissed with the following directions :

(1) The petitioner is granted time till 31.12.2026 to vacate and hand-over the possession of the property to the respondent /landlord ;

(2) The petitioner shall pay the rent up to 31.12.2026 in advance on or before 30.06.2026 ;

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(3) In the event of default in complying with Clause (2) set forth above, the time granted under Clause No.1 will not enure to the benefit of the tenant.

8. The learned I Additional District Munsif - cum - Buildings Rent Controller is requested to adjourn the execution proceedings in E.P.No.6 of 2026 to 04.01.2027. If the tenant complies with the undertaking given, the learned Judge is requested to close the execution proceedings on that day. If the tenant fails to comply with the undertaking, the learned Judge shall issue a warrant for delivery, together with orders for break-open and police aid, without waiting for a separate application from the landlord. The learned Judge is also directed to instruct the bailiff not to record any obstruction.

9. Consequently, the connected Civil Miscellaneous Petitions are closed.

04.06.2026 Index:Yes/No Speaking Order :Yes/No mkn Page No 9 of 10

V. LAKSHMINARAYANAN, J.

mkn To 1.The Principal Subordinate Court - cum - Rent Control Appellate Authority, Madurai.

2.The Additional District Munsif - cum - Buildings Rent Controller, Madurai Town.

C.R.P.(MD)Nos.1374 & 1375 of 2026 and C.M.P.(MD)Nos.6712 & 6713 of 2026 04.06.2026 Page No 10 of 10