J.Gandhimathi, Vs M/s.Arulmigu Vallieswarar Thirukoil — Madras HC (2026) — LawSathi Research

J.Gandhimathi, Vs M/s.Arulmigu Vallieswarar Thirukoil — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Second Appeal disposed of with directions: appellant to pay Rs.30,000/- per month towards rent from March 2026 onwards; to participate in the fair rent proceedings before the respondent temple; and to deposit arrears of rent of Rs.7,00,000/- within four months before the respondent temple; any deviation of the Order to be reviewed; no costs; connected miscellaneous petitions closed.

Issue for consideration

Whether the appellant is liable to pay rent at the fair rent fixed by the respondent temple officials (Rs.45,000/- per month for the entire property), given her contention that the vacant land was leased to her father and the superstructure was constructed by him at his own cost.

Court's answer

Appellant directed to pay Rs.30,000/- towards rent per month from March 2026 onwards and to participate in the fair rent proceedings before the respondent temple, working out her remedy in the manner known to law.

Ratio / Principle

Appellant further directed to deposit arrears of rent of Rs.7,00,000/- (Rupees seven lakhs only) within a period of four months before the respondent temple.

Key takeaways

With the above directions the Second Appeal is disposed of; any deviation of the Order shall be reviewed; no costs; connected miscellaneous petitions (CMP.Nos.21305, 21306 & 21307 of 2025) are closed.ratio¶34

Detailed headnote1 paragraphs

Madras High Court (Single Judge, T.V.Thamilselvi, J.), 23-02-2026 — SA No. 611 of 2025: Second Appeal by the defendant J.Gandhimathi against the concurrent findings of the City Civil Court benches, whereby the trial Court (XVI Assistant Judge, decree dated 09.10.2023 in O.S.No.3923 of 2019) had decreed eviction with arrears/damages at Rs.10,000/- per month from 01.01.2018, and the first appeal (A.S.No.6 of 2024, XIX Additional Judge, decree dated 09.07.2025) had been dismissed. The plaintiff, M/s.Arulmigu Vallieswarar Thirukoil, Mylapore, had sued for eviction, arrears of rent and damages; the defendant admitted ownership, claimed lease from 1954 under her father who built the ground-plus-two-floors superstructure, and objected to arbitrary enhancement and to the fair rent of Rs.45,000/- per month fixed by the respondent's officials. The High Court did not adjudicate the merits afresh: it disposed of the Second Appeal with directions — appellant to pay Rs.30,000/- per month towards rent from March 2026 onwards, to participate in the fair rent proceedings before the respondent temple, and to deposit arrears of Rs.7,00,000/- (Rupees seven lakhs only) within four months before the respondent temple; deviation of the Order to be reviewed; no costs; connected CMP.Nos.21305, 21306 & 21307 of 2025 closed. Filed under section 100 of Code of Civil Procedure.

SA No. 611 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-02-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI SA No. 611 of 2025

CMP.Nos.21305, 21306 & 21307 of 2025

J.Gandhimathi, W/o.Janardhanan, No.32/109, Kamarajar Salai, Theethampattari Thottam, R.A.Puram, Chennai -600 028.

..Appellant(s)

Vs

M/s.Arulmigu Vallieswarar Thirukoil, Rep. by its Chairman S.Prabakaran, No.30, South Mada Street, Mylapore, Chennai -600 004.

..Respondent(s)

Prayer : Second Appeal filed under section 100 of Code of Civil Procedure to set aside the Judgment and Decree dated 09.07.2025 made in A.S.No.6 of 2024 on the file of XIX Additional Judge, City Civil Court at Chennai, confirming the Judgment and Decree dated 09.10.2023 made in O.S.No.3923 of 2019 on the file of the XVI Assistant Judge, City Civil Court, at Chennai, and dismiss the suit and pass such further or other orders as this Honourable Court may deem it fit and proper in the circumstances of the case and thus render justice.

For Appellant(s): MR.A.Swaminathan

For Respondent(s): MR.S.KUMARAN

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SA No. 611 of 2025

JUDGMENT

Challenging the concurrent findings of the Courts below, the defendant has filed the present Second Appeal.

The plaintiff temple has filed the suit in O.S.No.3923 of 2019 as against the defendant for eviction and for arrears of rent and for damages. Admitting ownership of the plaintiff, it is the case of the defendant that the father of the defendant took the property for lease from 1954 and he had constructed super structure with ground plus two floors and after the death of the father of the defendant, the tenancy has also been changed to her name vide lease agreement dated 01.08.2014 and the defendant was paying the rent regularly without any default. It is the specific contention of the appellant that the rent was enhanced arbitrarily.

The trial Court after analysing entire evidence, both oral and documentary, had decreed the suit and directed the defendant to vacate and hand over vacant possession of the property and also directed the defendant to arrears of rent and damages at the rate of Rs.10,000/- per month from 01.01.2018 till the date of plaint. After deducting the amount already paid by the defendant within a period of two months.

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SA No. 611 of 2025

Aggrieved over the same, the defendant had preferred an appeal in A.S.No.06 of 2024. The appellate Court after analysing entire facts and circumstances, had dismissed the appeal and confirmed the findings of the trial Court. Challenging the concurrent findings of the Courts below, the present Second Appeal has been filed.

When the matter was taken up today, the appellant and the respondent temple official appeared along with their respective counsel. The learned counsel appearing for the respondent filed a memo stating that arrears of rent payable by the appellant, by calculating the rent as per old rent, which comes to around Rs.10,67,400/-

As on date as per the fair rent fixed by the respondent officials, the appellant has to pay Rs.45,000/- per month for the entire property. But the learned counsel appearing for the appellant would contend that the vacant land was leased out to the father appellant and construction was made by the father of the appellant at his cost. Therefore, he raised objection for the above rent.

Since there is arrears of rent to the tune of Rs.10,67,400/- as per the

fair rent fixed by the respondent and the appellant has not appeared before the respondent in the fair rent proceedings, the appellant is directed to pay a sum of

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SA No. 611 of 2025

Rs.30,000/- towards rent from the month of March, 2026 onwards and the appellant shall participate in the fair rent proceedings and work out her remedy in the manner known to law. She is also directed to deposit arrears of rent of Rs.7,00,000/- [Rupees seven lakhs only] within the a period of four months before the respondent temple.

With the above directions, this Second Appeal is disposed of. If there

is any deviation of this Order, the same shall reviewed. No costs. Consequently, connected miscellaneous petitions are closed.

23-02-2026

vrc

To

The XIX Additional Judge, City civil Court, Chennai.

The XVI Assistant Judge, City Civil Court, Chennai.

The Section Officer, VR Section, High Court, Madras.

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SA No. 611 of 2025

T.V.THAMILSELVI, J.

vrc

SA No. 611 of 2025

23-02-2026

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