Madras High Court
CRP/6309/2026 of N.R. Mohan Vs Humaira Saleem on 30 September 2026
CRP No. 6309 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 6309 of 2026
and CMP. No.27220 of 2026
CNR: {HCMA012346262026}
N.R. Mohan
S/o. N. Rajendran,
New Madurai Muniyandi Vilas
and Residential Portion,
No.119, Avvai Shanmugam Road,
(Lloyds Road), Chennai -014.
..Petitioner(s)
Vs
1. Mrs.Humaira Saleem
D/o. Rahmath Begum,
No.349/16, TTK Road,
Royapettah, Chennai 014.
2. Mr.Abdul Wahab
S/o. Rahmath Begum,
No.335/B, 76, Dewan Sahib Garden,
TTK Road, Royapettah, Chennai 014.
3. Mr.Tahera Banu
D/o. Rahmath Begum,
No.335/B, 76, Dewan Sahib Garden,
TTK Road, Royapettah,
Chennai 014.
4. Hussaina Banu
D/o. Rahmath Begum,
No.335/B, 76, Dewan Sahib Garden,
TTK Road, Royapettah, Chennai 014.
5. Mohamed Abubakar Asim
SS/o. Rahmath Begum,
No.335/B, 76, Dewan Sahib Garden,
TTK Road, Royapettah, Chennai 014.
..Respondent(s)
CRP No. 6309 of 2026
PRAYER: This Civil Revision Petition is filed under Section 115 of CPC, to set aside the order passed in EP No.877 of 2026 in RLTOP No.43 of 2026 on 21.09.2026 by the XVI, Judge Court of Small Causes at Chennai.
For Petitioner(s):
Mr.M.Jaikumar
For Respondent(s):
Mr.R. Baskaran
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ORDER
Heard learned counsel for the petitioner/tenant and the learned counsel for the respondents.
2. The revision petition is filed against the order passed in E.P. No.877 of 2026 in RLTOP. No.43 of 2026 on 21.09.2026, ordering delivery. The grievance of the revision petitioner is that though RLTOP. No.43 of 2026 was allowed under Section 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, he has already preferred an Appeal in RLTA No.145 of 2026 and pending the same, taking advantage of the fact that there is no interim stay in the said appeal and despite pendency of the stay Application, the Execution Court has proceeded to order delivery.
CRP No. 6309 of 2026
3. The learned counsel for the respondents states that the petitioner is due a monthly rent of Rs.25,000/- for a period of five months, including September 2026, which amounts to Rs.1,25,000/. The learned counsel for the respondents also states that the petitioner has suppressed the fact that an attempt was made to transfer the Execution Petition and the said transfer OP also dismissed by the Chief Judge of Small Causes Court on merits.
4. In the light of the above, I am inclined to dispose of the revision petition in the manner following:-
(i) The proceedings in the Execution Petition shall be kept in abeyance for a period of five (5) weeks. The Rent Tribunal, shall dispose of RLTA. No.145 of 2026, within a period of four (4) weeks from the date of receipt of the copy of the order.
(ii) The petitioner/tenant shall pay a sum of Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand only) representing the rent from May 2026 to September 2026, both months including within a period of one (1) week from the date of receipt of the copy of the order.
(iii) Subject to the payment made, within the stipulated time, the petitioner shall enjoy the interim order of the Execution Petition being kept in further abeyance, in pursuance of class (i) supra. In the event of any default in
CRP No. 6309 of 2026
P.B.BALAJI, J. payment of the arrears of rent, the respondent is entitled to proceed with the Execution Petition. If the rent is paid as stipulated above, then the class (i) shall take effect and the Execution Proceedings shall await disposal of RLTA No.145 of 2026.
(iv) The petitioner shall also pay future rents untill such time, he vacates and handover vacant possession without any default.
5. This Civil Revision Petition is disposed of with the above terms. Consequently, connected Miscellaneous Petition is closed. No costs. 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP To The XVI Judge, Court of Small Causes Court, Chennai. CRP No. 6309 of 2026 and CMP. No.27220 of 2026
CRP No. 6309 of 2026