Madras High Court
CRP/4480/2026 of M/s Assembly of God Community Restoration Trust Vs A.Satyavathi on 24 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-08-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 4480 of 2026
and CMP No.19730 of 2026
M/s Assembly of God Community Restoration Trust, Rep.by its Managing Director, Mr.D.John Nelson, No.54, Gandhi Road, 2nd Floor, Tambaram West, Chennai-45.
..Petitioner(s)
Vs
A.Satyavathi
W/o A.Antony Cruz,
No.54, Gandhi Road,
Tambaram West,
Chennai-45.
..Respondent(s)
PRAYER: This Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, to call for the records relating to the judgment and Decree passed by the learned Rent Control Appellate Authority, Sub Court, Tambaram in R.C.A.No.3 of 2023 confirming the Fair and Decreetal order dated 13.12.2022 made in R.C.O.P.No.6 of 2017
on the file of the learned Rent Controller/ District Munsif, Tambaram and set aside the said orders and allow the Civil Revision petition.
For Petitioner(s):
A.Praveen Alexander
For Respondent(s):
Mr.S.Ramesh and
M.Thiyagarajan
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ORDER
1. After hearing the learned counsel for the Petitioner Mr.A.Praveen Alexander and Mr.S.Ramesh learned counsel to the Respondent/landlord. I suggested an amicable settlement. The present revision arises under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 ( in short ‘Act’).
2. The petitioner suffered an order of fixation and fair rent which was challenge unsuccessfully before the Rent Control Appellant Authority and the present revision challenges the concurrent findings of the Rent Controller and affirmed by the Rent Control Appellate Authority.
3. In Parallel, the respondent also initiated proceedings for eviction of the petitioner under Section 10 (2)(i) (Wilful default), 10(2)(iii) (acts of waste) 10(2)(v) (nuisance) and 10(3)(a)(i) (Owners occupation) of Act 18 of 1960. The Rent Controller and the Appellate Authority concurrently ordered eviction, as against which, the petitioner filed Cr.P.No.1693 of 2020. The said revision petition was disposed of by this court on 10.11.2022, confirming the concurrent findings against the revision petitioner. The said order in the revision was challenged by the petitioner before the Hon’ble Supreme Court in SLP.No. Civil No.22559 of 2022. The Hon’ble Supreme Court dismissed the SLP, however gave liberty to the petitioner to agitate his claim for refund of alleged loan given to the tune of Rs.10,00,000/- for enabling the respondent to put up construction in the 2nd .floor. According to the learned counsel for petitioner, today a suit has been filed for recovering the said sum of Rs.10,00,000/- and the same is pending in O.S.No.61 of 2023 on the file of the Sub Court, Tambaram.
4. The Learned Counsel for the respondent states that if the fair rent which is fixed by the court below is affirmed by the Court, then the arrears even as on the date of petitioner vacating and handing over the possession is more than Rs.28 lakhs. Considering the fact that the petitioner has vacated way back in January 2023, more than 3 and ½ years ago, I suggested if the matter can be given q quietus by the respondents agreeing to adjust the security deposit as against the claim for fixation of fair rent full and final settlement. Both the learned counsel for the Petitioner and Mr.S.Ramesh, on instructions, states that if the suit in O.S.No.61 of 2023 is withdrawn and settled out of Court, no further claims will be made by the respondent/landlord. It will also enable the petitioner to get refund of full court fee in O.S.No.61 of 2023 on the file of the Sub Court, Tambaram .
5. In the light of the above, the revision petition is disposed of recording the above settlement terms, in furtherance of which, (i) the petitioner shall
P.B.BALAJI, J. SR/RSM withdraw O.S.No.61 of 2023 on the file of the Sub Court, Tambaram, as settled out of Court, thereby Entitling the petitioner to refund of full court fee.
(ii) The respondents shall agree to such dismissal of the suit in full and final settlement of all that claims arising under the fair and proceedings. . 24-08-2026 SR/RSM Note: Issue Order on 27.08.2026 To
1. The Rent Control Appellate Authority, Sub Court, Tambaram.
2. The Rent Controller/District Munsif, Tambaram.
3. The Section Officer, VR Section, High Court, Madras.
and CMP.No.19730 of 2026