Madras High Court
CRP/6021/2025 of R.CHELLAPANIDAN Vs S.MOORTHY on 1 October 2026
CRP No. 6021 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 6021 of 2025
& CMP.No.29764 of 2025
CNR: {HCMA011998332025}
R.Chellapanidan
..Petitioner
Vs
1. S.Moorthy
2. S.Kayathiri
..Respondents
Prayer: Civil Revision Petition filed under Section 25 of the Lease and Rent Control Act, 1960, to set aside the Order passed in RCA.No.9 of 2023 (Old No.23 of 2017) (RCOP.No.49 of 2013) dated 21.07.2025 by the Subordinate Judge Ambattur/Rent Control Appellate Authority) confirming the fair and decreetal order in RCOP.No.49 of 2013 dated 14.07.2017.
For Petitioner(s):
Mr. K.Balaji
For Respondent(s):
R1 Died
Mr .G.Prakash for R2
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Court, by order dated 28.08.2026, disposed of the revision petition, confirming the order of eviction passed by the learned Rent Controller, as well as the Rent Control Appellate Authority. However at the request of the
CRP No. 6021 of 2025
petitioner/tenant, on the undertaking that the petitioner would clear the entire arrears of Rs.3,80,000/- and also pay future rents at Rs,5,000/-, without any default, indulgence was shown to the petitioner by granting him time to vacate by 27.08.2027, on condition that the petitioner shall pay rent at the Rs.7,000/- per month from September 2026 and the entire arrears to be cleared in seven instalments in the manner undertaken in the petitioner’s undertaking affidavit dated 28.08.2026. Time till 27.08.2027 was granted only on the presumption that the petitioner would duly comply with his own undertaking. However, unfortunately, even the first payment of Rs.80,000/-, which was supposed to have been paid on or before 15.09.2026 has not been paid.
2. Even when the matter was listed yesterday, in order to give one indulgence to the petitioner to show his bonafides, I adjourned the matter today for passing orders, to enable the petitioner to pay Rs.80,000/-. However, today, the petitioner is present in person and states that he is able to muster only a sum of Rs.37,000/-. In such view of the matter, I am unable to see any bonafides in the actions of the petitioner. When he has defaulted in payment of even the first installment, the Court cannot place any trust on the petitioner for complying with the undertaking with regard to the subsequent installments. Consequently, the petitioner, by his own conduct, has lost his right to continue to occupy the tenanted premises until 27.08.2027.
CRP No. 6021 of 2025
3. The order dated 28.08.2026 is therefore modified, recalling the time granted to the petitioner to vacate by 27.08.2027. The respondent shall proceed with the pending execution petition and take possession of the property and is also at liberty to move an appropriate civil suit for recovery of arrears of rent.
4. The Civil Revision Petition is dismissed. No costs. Connected Civil Miscellaneous Petition is closed. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA To The Subordinate Judge/Rent Control Appellate Authority, Ambattur.
CRP No. 6021 of 2025
P.B.BALAJI, J. ATA CRP No. 6021 of 2025 01-10-2026