Senthil Murugan Vs Grouli

PRAYER: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, to set aside the order dated 09.03.2026 passed in E.P.No.04 of 2025 in R.L.T.O.P.No.01 of 2022 on the file of the District Munsif Court, Srivaikuntam and decide the same on merits.

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For Petitioner : Mr.R.J.Karthick

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O R D E R

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Heard Mr.R.J.Karthick, learned Counsel for the Civil Revision

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Petitioner.

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This Civil Revision Petition is at the instance of the tenant.

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He impugns the order passed by the Executing Court in E.P.No.4 of 2025, dated 09.03.2026. The relationship between the parties is not

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in dispute. The respondent is the landlord and the petitioner is the tenant. Aggrieved with the failure of the tenant to enter into an agreement in terms of Section 4(2) of Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, the landlord presented R.L.T.O.P.No.1 of 2022. She invoked Section 21(2)(a). After a hot contest, the eviction petition was allowed on 18.03.2025.

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As the tenant did not comply with the terms of the order, the landlord presented E.P.No.4 of 2025. It is the plea of the tenant before the Executing Court that he had filed an application to set aside the ex-parte order passed by the Rent Controller. Hence, he requested the executing proceedings to be deferred. The learned Rent Controller rejected the arguments and directed delivery of possession. Hence, this revision.

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When the matter came up yesterday (01.06.2026), Mr.R.J.Karthik urged that he has several defences to place before the Rent Controller. One of them being that the ex-parte order is liable to be set aside and also that the tenant is protective by a prohibitory decree in O.S.No.114 of 2021. This Court asked a pointed question to Mr.R.J.Karthick as to whether any agreement was entered into in terms of Section 4(2) of the Act. Mr.R.J.Karthick responded that no

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such agreement had been entered into. In terms of Section 21 (2)(a) of the Act, if there is no agreement, the axe falls on the tenant's neck immediately. The only way in which an eviction can be avoided under Section 21(2)(a) is by the tenant producing an agreement as required under Section 4.

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Furthermore, the decree in O.S.No.114 of 2021 only restrains eviction except in accordance with law. The very presentation of R.L.T.O.P.No.1 of 2022 shows that the landlord has not taken the law into her own hands but has followed the due process of eviction. Therefore, both the defences projected by Mr.R.J.Karthick are mere moonshine.

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At that stage, Mr.R.J.Karthick requested time to vacate and hand over possession. I called upon him to file an affidavit of undertaking on behalf of the tenant. I listed the matter for today.

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When I took up the matter, Mr.R.J.Karthick filed an affidavit of undertaking, whereunder he has undertaken to vacate and hand over possession on or before 02.12.2026. The affidavit of undertaking is scanned and extracted hereunder:

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Petition is

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In the light of the above discussions, the Civil Revision Petition is dismissed .

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Taking into consideration the affidavit of undertaking, time is granted to the tenant to vacate and hand over possession on or before 02.12.2026. The learned Executing Judge is requested to defer the issuance of warrant till 03.12.2026.

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In case the affidavit of undertaking is not complied with by the tenant on or before 02.12.2026, the learned Judge shall issue the warrant, along with orders for break-open and police aid, on 03.12.2026. The learned Rent Controller shall give specific instructions to the bailiff not to record any obstruction that may be caused by the tenant. These directions are apart from the contempt proceedings that the landlord may initiate against the tenant for breach of the undertaking given to this Court.

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There shall be no order as to costs. Consequently, the connected miscellaneous petition stands closed.

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02.06.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No Nsr

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To: