The tenant failed to pay arrears of rent despite extensions granted by the Court. Consequently, the request for modification of the earlier order was dismissed, and the tenant was directed to vacate the premises forthwith.
Tenant directed to vacate and hand over vacant possession forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD). No.16664 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Monday, the Fourth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.B. BALAJI
CMP(MD). No.16664 of 2023 in CRP(MD)1767 OF 2018 and CMP(MD).No.7730 of 2018 and CRP(MD). No.1768 of 2018
R.Pappaiya ... Petitioner/Petitioner/Petitioner
..Vs..
K.Shanthi ... Respondent/Respondent/Respondent
Prayer in CMP(MD). No.16664 of 2023
Civil Miscellaneous Petition filed Under Section 151 of the Civil Procedure code to Modify the common order in C.R.P(MD) No.1767 of 2018 and C.M.P(MD) No.7730 of 2018 and C.R.P(MD).No.1768 of 2018 dated 31.10.2023 on the file of this Court.
PRAYER in C.R.P(MD)No.1767 of 2018: Civil Revision Petition filed under Section 25 of Tamilnadu Buildings and (Lease and Rent Control) Act, against the petition and order dated 29.06.2018 in I.A.No.26 of 2017 in R.C.A.No.7 of 2017 on the file of the Rent Control Appellate Authority, Sub Court, Tiruchendur.
Prayer in CMP(MD).No.7730 of 2018 in CRP(MD).No.1767 of 2018:
Civil Miscellaneous Petition is filed Under Section 151 of Civil Procedure Code to stay all the further proceedings of the execution in E.P.No.2 of 2014 on the file of the District Munsif Court, Tiruchendur.
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CMP(MD). No.16664 of 2023
PRAYER in C.R.P(MD)No.1768 of 2018: Civil Revision Petition filed under Section 25 of Tamilnadu Buildings and (Lease and Rent Control) Act, against the Fair and Decreetal Order dated 29.06.2018 in R.C.A.No.7 of 2017, on the file of the Subordinate Judge, Tiruchendur confirming the Fair and Decreetal Order dated 18.09.2013 in RCOP No.3 of 2010 on the file of the District Munsif Court, Tiruchendur.
ORDER:- This Civil Miscellaneous Petition is coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. J.David Ganesan, Advocate for the Petitioner and of Mr. M.P.Senthil, Advocate For Respondent, this Court made the following order:
"This matter has been taken up on Virtual Hearing. This
Civil Miscellaneous Petition has been taken out for seeking
modification of the order dated 31.10.2023.
heard virtually and in order to give one final opportunity to the petitioner/tenant to pay the arrears of rent viz., Rs.6,30,000/- , time was extended until 03.03.2024 and the matter was directed
to be listed today, on virtual mode.
his client's inability to pay the amount. The learned counsel for
https://www.mhc.tn.gov.in/judis the petitioner would submit that the petitioner is unable to
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CMP(MD). No.16664 of 2023
comply with the order directing payment of Rs.6,30,000/-, being the arrears of rent by way of two installments, despite the earlier order passed on 31.10.2023.
11 (4) Application under the Tamil Nadu Buildings and (Lease and Rent Control) Act, 1960, Act 18 of 1960. Only in order to give an opportunity to the petitioner/tenant to contest the Revision Petition, the order dated 31.10.2023 came to be passed, granting three months time to the tenant to clear the entire arrears of rent which was Rs.6,30,000/- as on that date. However, again at the requests of the tenant in CMP. No.16664 of 2023, further time was granted upto 03.03.2024. Even as on date, the petitioner/tenant has not paid even a single rupee towards arrears of rent.
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CMP(MD). No.16664 of 2023
without even paying rent to the respondent/land lord. The Rent Control Original Petition is of the year 2010 filed by the respondent in RCOP. No.3 of 2010 on the file of the (Rent Controller) District Munsif Court, Tiruchendur. The tenant has admittedly not paid rents right from the year 2008 and we are in the year 2024 and for 16 long years, the tenant has been occupying the tenanted premises. Though the learned counsel for the petitioner would state that he has disputed the title of the respondent and that he is not the tenant, etc., such pleas are not available to the petitioner at this length of time.
vacates and hands over vacant possession in compliance of the
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CMP(MD). No.16664 of 2023
original order of eviction dated 18.09.2013 in RCOP. No.3 of 2010,
without any undue delay.
dismissed."
Sd/-
Assistant Registrar(CS-II)
// True Copy //
/04/2024 Sub Assistant Registrar (CS-I/II/III/IV)
TO
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CMP(MD). No.16664 of 2023
ORDER DATED : 04/03/2024
==========================
ORDER
==========================
CMP(MD). No.16664 of 2023
in
CRP(MD).No.1767 of 2018 and
CMP(MD).No.7730 of 2018 and CRP(MD). No.1768 of 2018
SI-(10.04.2024) 6P/ 4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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1 issue framed by the court
Whether the tenant is entitled to further indulgence for clearing rent arrears?
1 provisions across 1 enactments
R.Pappaiya
K.Shanthi
P.B. BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
