Madras High Court
CRP/4453/2026 of V.P. Prabhu Vs Dhanasekaran on 12 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No.4453 of 2026
& CMP.No.19658 of 2026
V.P.Prabhu
..Petitioner
Vs
Dhanasekaran
..Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records relating to the order and decree made in RLTA.No.199 of 2025 dated 28.04.2026 on the file of the Rent Tribunal / XIX
Additional Judge, City Civil Court, Chennai, confirming the order and decree made in RLTOP.No.566 of 2024 dated 15.10.2025 on the file of the Rent Court / X Judge, Court of Small Causes, Chennai and set aside the same.
For Petitioner(s):
Mr.K.Premkumar
For Respondent(s):
Mr.P.G.Santhosh Kumar
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ORDER
Today, the petitioner/tenant has filed an affidavit of undertaking dated 07.08.2026, undertaking to vacate and hand over vacant possession of the tenanted premises on or before 30.11.2026.
2. Mr.K.Prem Kumar, learned counsel for the revision petitioner also brings to my notice that the rental arrears up to 30.11.2026 is set off against the rental advance that is available with the respondent and there are no other mutual claims between the parties.
3. The learned counsel for the petitioner states that the entire rental advance is adjusted as against the alleged arrears of rent. However, the learned counsel for the respondent states that the rent is Rs.15,000/- per month and not Rs.7,360/- per month, as claimed unilaterally by the petitioner/tenant. He would also dispute the amount of advance of Rs.2,00,000/-. However, the learned counsel for the petitioner has taken me through the rental agreement dated 13.11.2019 between the petitioner and the erstwhile owner of the property, who is the vendor of the respondent, where the rent agreed is Rs.6,400/- alone.
4. Further, the advance, though in the said agreement, Rs.51,000/- alone is mentioned, in the pre suit notice issued by the respondent/landlord, there is a mention of an advance of Rs.2,00,000/- that has been paid by the petitioner. In the light of the above, I am unable go into the issue of whether the petitioner is due any further amounts towards alleged arrears of rent. The landlord is at liberty to file a civil suit for recovery of alleged arrears of rent, if any, in accordance with law. In any event, the petitioner has now come forward to vacate and hand over vacant possession by 30.11.2026, recording the said undertaking, the Civil Revision Petition is dismissed, confirming the order of eviction passed by the Rent Court and affirmed by the Rent Tribunal. However, the petitioner shall be entitled to hold on the tenanted premises up to 20.11.2026 and shall vacate and hand over vacant possession on or before 30.11.2026. No costs. Connected Civil Miscellaneous Petition is closed. 12.08.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA To
1. The XIX Additional Judge, City Civil Court, Chennai.
2. The X Judge, Court of Small Causes, Chennai.
P.B.BALAJI, J. ATA CRP No.4453 of 2026 12.08.2026