Madras High Court

CRP/5337/2026 of K.Ammeer John Vs Amitharaj on 3 September 2026

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CRP No. 5337 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-09-2026

CORAM

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

CRP No. 5337 of 2026

and C.M.P.No.23162 of 2026

K.Ammer John

..Petitioner

Vs

Amitharaj

..Respondent

Prayer: Civil Revision Petition filed under Section 115 of Code of Civil Procedure,1908, to set aside the order dated 18.08.2026 made in E.P.No.697 of 2026 in RLTOP No.635 of 2025 on the file of the XV Small cause Court, Chennai.

For Petitioner:

Mr.N.Naganathan

For Respondent:

Mr.M.Venkatesh Kumar

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ORDER

This Civil Revision Petition has been filed to set aside the order dated 18.08.2026 made in E.P.No.697 of 2026 in RLTOP No.635 of 2025 on the file of the XV Small Cause Court, Chennai.

2. The learned counsel appearing for the petitioner brings to my notice that the Rent Tribunal has now adjourned the matter for arguments to 16.09.2026 by suo motu reopening the appeal, despite the fact that the appeal was already argued at length before the predecessor Judge. He would, therefore,

CRP No. 5337 of 2026

seek further extension of the interim order to enable the appellant to work out his remedies in the pending RLTA.

3. The learned counsel appearing for the respondent/landlord vehemently opposes the request for any further adjournment, contending that the petitioner/tenant is in huge arrears of more than Rs.65 lakhs as on date and that even on 01.09.2026, when the appeal was listed before the new Presiding Officer, the petitioner/appellant did not even appear to advance arguments and noting the absence of the revision petitioner alone, the appeal has been adjourned to 16.09.2026 for arguments.

4. In the light of the above, on going through the pleadings, the counter, as well as the additional counter, I find that the petitioner has admitted the tenancy and it is the case of the petitioner that rents from July 2025 have not been paid at the rate of Rs.1,05,000/- per month. However, the tenant disputes the claim of arrears of rent for the prior period in time. Leaving it open to the parties to agitate the said issue of arrears prior to July 2025, at least from July 2025, the petitioner/tenant is duty-bound to pay the rents to the respondent/landlord.

5. Since I have already granted an interim stay which is unconditional, and the petitioner appears to have taken benefit of the said order and is not even

CRP No. 5337 of 2026

diligently prosecuting the rent appeal/RLTA before the Rent Tribunal, I am inclined to dispose of the revision in the following manner.

(i) The Civil Revision Petition is disposed of with the condition that the petitioner shall pay Rs.12,60,000/- to the respondent/landlord within a period of four weeks from the date of receipt of a copy of this order.

(ii) RLTA No.126 of 2026 shall be decided on or before 31.10.2026.

(iii) The appeal shall be heard on 16.09.2026, without any adjournment sought by the petitioner/tenant. Thereafter, the Rent Tribunal shall hear the respondent/landlord and pass final orders in the appeal on or before 31.10.2026.

(iv) The Execution Proceedings shall be kept in abeyance. Till such time, the RLTA is disposed of on or before 31.10.2026 and subject to the result of the RLTA, it shall be open to the respondent to proceed with the EP. It is also made clear that if the amount of Rs.12,60,000/- is not paid within a period of four weeks then also, it shall be open to the respondent/decree holder to proceed with the EP.

(iv) No costs. Consequently, connected miscellaneous petition is closed. 03-09-2026 NSL To The XV Small cause Court, Chennai.

CRP No. 5337 of 2026

P.B.BALAJI, J. NSL CRP No. 5337 of 2026 03-09-2026

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