Madras High Court
CRP/6175/2026 of Thangamani Vs Rajkumar on 5 October 2026
CRP.No.6175 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP.No.6175 of 2026
CNR:{HCMA012097542026}
1. Thangamani
2. Parameswari
3. Shanthi
..Petitioner(s)
Vs
Rajkumar
..Respondent(s)
PRAYER: Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set-aside the order passed in E.P.No.146 of 2022 in R.C.A.No.1 of 2019 dated 06.07.2026 pending on the file of learned Additional Sub Judge, Tindivanam consequently allow the petition.
For Petitioners
: Mr.S.N.Subramani
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ORDER
The Civil Revision Petition has been filed challenging the order passed by the Court below in E.P.No.146 of 2022 in R.C.A.No.1 of 2019 dated
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06.07.2026 dismissing the execution application filed by the petitioner seeking recovery of arrears of rent.
2. The petitioners herein filed rent control eviction petition on the ground of wilful default. The said petition was allowed and aggrieved by the same, the respondent herein filed a rent control appeal in R.C.A.No.1 of 2019. In the said rent control appeal, the petitioners filed an application under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, seeking a direction to the respondent/tenant to pay arrears of rent. The said application was allowed by the Trial Court by directing the respondent to pay arrears of rent of Rs.3,99,000/-.
3. The said amount was not paid in time as directed by the Rent Court Appellate Authority. Hence, the respondent filed I.A.No.33 of 2021 seeking extension of time for deposit of the said amount. The said interlocutory application was allowed and he was granted time till 23.12.2021 for deposit of the arrears of rent. Since the said amount has not been deposited, the petitioner filed execution petition in E.P.No.146 of 2022 for recovery of arrears as quantified in Section 11(4) application. The said execution petition was
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dismissed by the Trial Court. Aggrieved by the same, the petitioner has come before this Court.
4. The learned counsel appearing for the petitioner submits that inspite of direction issued by the Appellate Authority in application filed by the petitioners under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, the respondent has not deposited the amount. Hence, the petitioners are entitled to recover the same.
5. If the direction to deposit of arrears of rent in the application filed under Section 11(4) of the Act is not complied with, the consequence is that the respondent/appellant is not entitled to proceed with the appeal. After recording the default in payment of arrears of rent as per the order passed in Section 11(4) application, the Appellate Authority is expected to terminate the proceedings in appeal. The order passed in Section 11(4) application is not an executable order and therefore, the Appellate Authority ought not to have numbered the execution petition filed by the petitioner seeking execution of the order passed on 09.12.2021 in I.A.No.33 of 2021. The very execution petition filed by the petitioners seeking recovery arrears of rent is not at all maintainable as the consequence for non-deposit is the termination of appeal filed by the
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respondent. In such circumstances, I do not find anything to interfere with the order passed by the Court below.
6. Accordingly, this Civil Revision Petition is dismissed. The Registry is directed to call for the explanation from the Additional Sub Court, Dindivanam as to how an execution petition in E.P.No.146 of 2022 is numbered when the order in Section 11(4) application is not an executable order. The report of the concerned Court shall reach this Court on or before 26.10.2026. No costs.
7. The Registry is directed to list this Civil Revision Petition under the caption ‘for reporting compliance’ on 26.10.2026. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm
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To The Additional Sub Court, Tindivanam.
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CRP.No.6175 of 2026
S.SOUNTHAR J. dm CRP.No.6175 of 2026 05-10-2026
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