Madras High Court
CRP/3968/2026 of R.Malaboopathy Vs K.Chinnaswamy on 30 September 2026
CRP No. 3968 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP Nos. 3968 & 5560 of 2026
& CMP.Nos.17376 & 24023 of 2026
CNR:{HCMA011520052026}
R.Malaboopathy
..Petitioner in both
CRPs
Vs
K.Chinnaswamy
..Respondent in both
CRPs
CRP No. 3968 of 2026
To set aside the impugned order dated 02.06.2026 made in EP.No.96 of 2024 in RLTOP.No.68 of 2019 on the Principal District Munsif Cum Rent Court at Coimbatore.
CRP No. 5560 of 2026
To set aside the order and decree dated 16-06-2026 passed in IA.No.1 of 2025 in RTA.No.14588 of 2025 on the file of the Prl.Dist.Judge, Coimbatore Direct the Rent Tribunal, Coimbatore to take the Rent Control Appeal on file and decide the same on merits.
For Petitioner(s):
Mr.B.A.Prabhushankar in both CRPs
For Respondent(s):
Mr.S.N.Subramani in both CRPs
CRP No. 3968 of 2026
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.
COMMON ORDER
The revision petitioner is the unsuccessful tenant, who has suffered an order of eviction in RLTOP.No.68 of 2019 before the Rent Court (Principal District Munsif Court, Coimbatore). In order to execute the delivery warrant, the respondent-landlord has filed E.P.No.96 of 2024. The revision petition is directed against the order of delivery in E.P.No.96 of 2024.
2. Pending the revision petition, after hearing the arguments of the counsel for the parties, when I indicated that there is no merit in the revision petition, the learned counsel for the petitioner undertook to pay the arrears of rent and also vacate the tenanted premises within a reasonable period of time. Hence, the petitioner was directed to file an affidavit of undertaking.
3. Today, an affidavit of undertaking dated 29.09.2026 signed by the petitioner-tenant is filed. In terms of the said undertaking affidavit, the petitioner has undertaken to vacate the tenanted premises on or before 31.12.2026, and besides the said undertaking, the petitioner also agreed to pay a sum of Rs.2,63,000/-, as directed by this Court.
CRP No. 3968 of 2026
4. Considering that the petitioner is carrying non residential business in the said premises, I am inclined to grant time till 31.12.2026, subject to the following conditions:
(i) The petitioner has admitted an arrears of Rs.2,63,000/- and has undertaken to pay the same in two installments of Rs.1,31,500/- each. The first installment shall be paid on or before 31.10.2026 and the second installment shall be paid on or before 30.11.2026.
(ii) In the event of there being any default in compliance with the payment of the admitted arrears as indicated above, then the time granted to the petitioner upto 31.12.2026 will no longer be available and the respondent shall be at liberty to proceed with the execution petition.
5. Insofar as the admitted arrears of Rs.2,63,000/-, according to the petitioner, the learned counsel for the respondent strongly disputes the quantum of arrears and contends that right from February 2019 onwards, the petitioner has not paid any rents and therefore, the arrears is much more. He also disputes the calculation that has been enclosed along with the affidavit of undertaking. In view of the above, being only a revision directed against the proceeding under Section 21(2)(a) of the TNRRRLT Act, I do not deem it necessary to go into the details of arrears. It is sufficient to direct the petitioner to pay the admitted arrears, as already indicated above and also direct the petitioner to vacate the tenanted premises on or before 31.12.2026, subject to the conditions imposed
CRP No. 3968 of 2026
herein above. Insofar as any arrears that may be due and payable over and above Rs.2,63,000/-, liberty is granted to the respondent to proceed against the petitioner in the manner known to law.
6. With the above direction, the Civil Revision Petitions are disposed of. No costs. Connected Civil Miscellaneous Petitions are closed. 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA To The Principal District Munsif cum Rent Court, Coimbatore.
CRP No. 3968 of 2026
P.B.BALAJI J. ATA CRP No. 3968 of 2026 AND CMP NO. 17376 OF 2026,CRP NO. 5560 OF 2026,CMP NO. 24023 OF
30-09-2026