CRP/4055/2026 of Rajesh Vs Subramani on 1 September 2026

ORDER

This Civil Revision Petitio has been filed to set aside the order in E.P. No. 5 of 2026 in RLTOP No. 01/2025 dated 09.06.2026 passed by the learned Rent Controller, District Munsif Judge at Udhagamandalam.

2. The respondent herein had filed RLTOP No. 01 of 2025 seeking delivery of vacant possession from the petitioner and the same was decreed in his favour. Subsequently, to execute the order of the Rent Controller, the respondent filed E.P.No.5 of 2026, wherein, delivery was ordered. Challenging the above said order, the petitioner has come before this court.

3. Today, the learned counsel for the respondent/landlord brings to my notice that pending CRP, tender of rents have been made and the same has not been sent for collection, considering that the revision is pending and in fact, the demand drafts/cheques have been returned to the counsel for the petitioner. The learned counsel for the petitioner also state that as on date, the arrears of rent payable by the petitioner is Rs.42,000/-.

4. In view of the above, the learned counsel for the respondent/landlord shall give a statement of rental arrears, to enable the counsel for the petitioner to instruct the petitioner/tenant to clear the arrears forthwith, not later than one

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CRP No. 4055 of 2026

week from the date of this order being uploaded in the High Court website. receipt of copy of the order.

5. As regard the merits of the revision petition is concerned, I find that even before the executing court, the petitioner wanted two years time and the executing court found that the Rent Court had directed possession to be handed over possession by 06.06.2025 and the said time could not be enlarged by the executing court. Therefore the request for extension of time was rejected in and by the order dated 09.06.2026.

6. I find that the counter affidavit filed by the petitioner in the execution proceedings, seeking two years time was filed in the month of April 2026. Already, the petitioner has suffered an order of eviction in April 2025 , granting time till 06.06.2025, to enable the petitioner to vacate and hand over possession. Hence, I do not see any bonafides in the request for two years time to vacate the tenanted premises. However, considering that the petitioner is carrying on garments business, I am inclined to grant time till 30.11.2026.

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CRP No. 4055 of 2026

7. Accordingly, this civil revision petition is disposed of in the following manner:-

i) The petitioner is granted time till 30.11.2026, to enable him to vacate and hand over possession of the property to the respondent

ii) Such time is granted, subject to the petitioner clearing the entire arrears of rent payable as of 31.08.2026 forthwith, in terms of the statement of rental arrears calculation, to be provided by the learned counsel for the respondent, within one week from the date of copy of this order being uploaded in the High Court website. iii) It is needless to state that the rents for future months, namely September, October and November 2026 shall be paid in advance by the 10th of the very same month, for which the rent is due and payable.

iv) In the event of there being any default in either payment of the arrears of rent upto 31.08.2026 or in respect of future rents, as directed herein above, it shall be open to the respondent to proceed with the execution petition to take delivery through court. There shall be no order as to costs. Connected miscellaneous petition is closed. 01-09-2026 Note: Issue order copy on 07.09.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST

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CRP No. 4055 of 2026

To. The Rent Controller/ District Munsif, Udhagamandalam.

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CRP No. 4055 of 2026

P.B.BALAJI, J. MST CRP No. 4055 of 2026 01-09-2026

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