Madras High Court

CRP/5045/2026 of Velmurugan Vs E.Loganathan on 22 September 2026

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CRP No. 5045 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-09-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

CRP No. 5045 of 2026

and CMP. No.22012 of 2026

CNR: {HCMA011902062026}

Velmurugan

S/o.Velayutham,

D. No.103-A, Balan Nagar,

Kavundampalayam,

Coimbatore 30.

..Petitioner(s)

Vs

E.Loganathan

S/o.Late Easwaramurthy Gounder,

D No.3/720H, Rotary Avenue,

Palladam, Tiruppur District 641 664

..Respondent(s)

PRAYER: This Civil Revision Petition is filed under Section 115 of the CPC, to set aside the order passed in EP No.3 of 2026 in RLTOP No.51 of 2024 by the Principal District Munsif Court/Rent Court, Coimbatore, dated 01.08.2026.

For Petitioner(s):

Mr.K.Balaji

For Respondent(s):

Mr.A.Sundaravadhanan

for Mr.V.Anandhamoorthy

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ORDER

The revision petitioner is the tenant, aggrieved by the order of eviction passed in E.P. No.3 of 2026, pursuant to the order of recovery of possession in RLTOP. No.51 of 2024, on the file of the Rent Court (Principal District Munsif Court), Coimbatore, dated 01.08.2026. The order passed by the Rent Court

CRP No. 5045 of 2026

finding that there has been a failure to enter into a tenancy agreement has become final and has not been set aside by any appellate Tribunal or this Court in revision. In fact, it is brought to my notice that R.L.T.A is pending at the stage of condonation of delay.

2. In the light of the above, I do not find any infirmity in the order of the Executing Court directing delivery of possession in favour of the respondent/landlord. At the last hearing, the learned counsel for the petitioner/tenant stated that the petitioner's son is pursuing his higher education and seeks six months time to enable the petitioner to vacate and handover vacant possession to the landlord.

3. The learned counsel for the respondent would fairly concede that reasonable time can be granted, however, the petitioner may be called upon to clear the entire arrears and a memo of calculation has also been filed stating that as of 31.03.2027, the time sought for by the petitioner/tenant the arrears worked out Rs.8,93,000/- after adjustment of the rental advance paid by the petitioner/tenant. However, the petitioner/tenant who is present in person contends that he has been deprived of basic amenities and claims to have spent several lakhs to keep the premises in a habitable condition and it is the petitioner, and according to him, who should be compensated by the respondent/landlord and not the petitioner.

CRP No. 5045 of 2026

4. In the light of the above fact that, the petitioner is not willing to undertake to clear the rental arrears admittedly, I am not inclined to grant any time as sought for by the petitioner. However, taking equity into account, I am inclined to grant six (6) weeks time to the petitioner to vacate and hand over the vacant possession. An affidavit of undertaking shall be filed by end of today in the Registry after serving an advance copy on the learned counsel for the respondent, undertaking to vacate the tenanted premises on or before 31.10.2026, peacefully without driving the respondent to take forcible eviction through the pending Execution Proceedings. Insofar as arrears of rent and paying for damages, the parties are liberty to work out their rights in the manner known to law. It is needless to state that in the event of not complying with the undertaking to vacate by 31.10.2026, it shall be open to the respondent to initiate contempt proceedings.

5. In fine, this Civil Revision Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs. 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP

CRP No. 5045 of 2026

P.B.BALAJI, J. RKP To The Principal District Munsif Court/Rent Court, Coimbatore. CRP No. 5045 of 2026 and CMP. No.22012 of 2026 22-09-2026

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