Madras High Court
CRP/1891/2026 of Jayaprakash Vs Manpaul Hasanath Hameethiya Madharasa Trust on 13 August 2026
CRP No. 1891 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-08-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 1891 of 2026
and CMP.No.8499 of 2026
Jayaprakash
..Petitioner(s)
Vs
Manpaul Hasanath Hameethiya Madharasa Trust Rep by its trustee, Nazeema Taj, W/o Dhajudeen, Door No 1 Noolkadai Street, Nagapattinam Town, Taluk and Dist.
..Respondent(s)
Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, pleased to set aside the order and fair decree dated 13.10.2025 in R.L.T.A.No.3 of 2025 passed by the Honble Principal District Court, Nagapattinam, by confirming the order and fair decree in R.L.TO.P.No.6 of 2021 passed by the Honble District Munsif Judge, Nagapattinam dated 29.10.2024.
For Petitioner(s):
M/S. R.Indhumathi
For Respondent(s):
No appearance
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ORDER
The Civil Revision Petition has been filed to set aside the order and fair decree dated 13.10.2025 in R.L.T.A.No.3 of 2025 passed by the Principal
CRP No. 1891 of 2026
District Court, Nagapattinam, by confirming the order and fair decree in R.L.TO.P.No.6 of 2021 by the District Munsif Court, Nagapattinam dated 29.10.2024.
2. By order dated 06-08-2026. I directed the petitioner to file an affidavit of undertaking that he would vacate the rented premises peacefully on or before 30.04.2027 and hand over vacant possession to the respondent/landlord without driving the respondent to take forcible possession by initiating Execution Proceedings. The affidavit of undertaking was also required to contain an undertaking regarding payment of monthly rents, promptly, without any default, till such time the petitioner vacates the tenanted premises. The petitioner, in compliance with the said order, has filed an affidavit of undertaking dated 12-08-2026.
3. On going through the affidavit of undertaking, I find that the affidavit of undertaking is in compliance with the order dated 06.08.2026. The respondent despite service of notice has neither chosen to appear in person nor through counsel. In fact, the name of the respondent is also printed in today’s cause list. Additionally, the learned counsel who appeared for the respondent before the Executing Court was also permitted to be served and a private notice has been served and his name is also printed in today’s cause list. However,
CRP No. 1891 of 2026
there is no appearance on the side of the respondent.
4. In the light of the above, while dismissing the revision, confirming the judgment of Rent Tribunal in RLTA No.3 of 2025, which in turn confirmed the order in RLTOP.No.6 of 2021, on the file of the District Munsif Court, Nagapattinam. The petitioner is granted time till 30.04.2027 to vacate and hand over the possession. As undertaken, the petitioner shall vacate peacefully without driving the respondent to Execution Proceedings and shall continue to pay the admitted monthly rents without any default. Insofar as the advance amount is concerned it shall be open to the petitioner to negotiate with the respondent independently subject to proof if disputed by the respondent, since the respondent had not appeared here.
5. With the above observations and directions the civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 13-08-2026 Index: Yes/No Speaking/Non-speaking order DPQ
CRP No. 1891 of 2026
P.B.BALAJI, J. DPQ To
1. The Principal District Court Nagapattinam CRP No. 1891 of 2026 13-08-2026