Madras High Court

CRP/5060/2026 of Musha Nashputheen Vs Roshan Banu on 10 September 2026

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CRP No. 5060 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

CRP No. 5060 of 2026

and CMP No.22116 of 2026

1. Musha Nashputheen

s/o Ahmed, Shop at Ground Floor

No.23/59, Adhithanar Road, Pudupettai,

Chennai 600002 Residing at No.95/42,

Adhithanar Road, Pudupettai, Chennai

600002

Petitioner(s)

Vs

1. Roshan Banu

Door No.23/8, Nagappan Street, Anna

Road, Pudupet, Chennai 600 002

2.Nasrin Banu

Door No.23/8, Nagappan Street, Anna

Road, Pudupet, Chennai 600 002

3.Raziya Sulthana

Door No.23/8, Nagappan Street, Anna

Road, Pudupet, Chennai 600 002

4.Meharaj

Door No.23/8, Nagappan Street, Anna

Road, Pudupet, Chennai 600 002

Respondents

Revision filed under Article 227 of Constitution of India challenging the fair and decreetal order dated 10.07.2026 passed by the learned VII Additional District and Sessions Judge, Chennai in I.A.No.1 of 2026 in RLTA No.121 of 2026.

CRP No. 5060 of 2026

For Petitioner(s):

Mr.Manoj Sreevalsan

For Respondent(s):

Mr.D.Vijay Krishna

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ORDER

The revision petitioner is the tenant and aggrieved by the dismissal of the stay application filed in RLTA No.121 of 2026, the present revision is filed.

2. Heard the learned counsel for the revision petitioner and the learned counsel for the respondents.

3. I am informed that RLTA No.121 of 2026 is now pending and ripe for arguments before the VII Additional District and Sessions Court, City Civil Court, Chennai.

4. The Rent Tribunal has dismissed the stay petition finding that there is no bonafide or legally sustainable ground or material produced to substantiate the necessity of stay. Admittedly, the petitioner is in occupation of the tenanted premises and recovery of possession has been sought for. I do not find any better prima facie case than the admitted factual position, entitling the petitioner to a stay.

CRP No. 5060 of 2026

5. If at all the petitioner is any arrears of rent, then, the Court could have imposed conditions for grant of stay. However, I do not find any allegation that there has been any arrears of rent as well.

6. In the light of the above, I am inclined to set aside the order of the VII Additional District and Sessions Court, Chennai in I.A.No.1 of 2026 and grant interim stay pending disposal of RLTA No.121 of 2026. RLTA No.121 of 2026 shall be disposed of on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

7. Subject to the result of RLTA No.121 of 2026, it shall be open to the respondents to proceed with the execution petition.

8. With the above direction, the civil revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 10.09.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order

CRP No. 5060 of 2026 P.B.BALAJI.,J sr To The VII Additional District and Sessions Court, Chennai CRP No. 5060 of 2026 10.09.2026

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