S. Dinakaran v. S. Karuna

ORDER This Civil Revision Petition has been filed to set aside the order in RCA No.4/2024 dated 08.10.2025 passed by the learned Subordinate Judge, (Rent Appellate Authority), Katpadi by partly upholding the fair and decreetal order in RCOP No.9/2015 dated 04.06.2024 passed by the learned Rent Controller/District Munsif at Katpadi, the petitioner / tenant has preferred this revision.

¶2Heard both sides.

¶3The respondent / landlord has filed RCOP No.9 of 2015 under Section 10(2)(i), 10(3)(iii) & 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for eviction of the respondent / tenant, directing him to vacate and handover the possession and put the petitioner of the schedule mentioned premises, and in default by due process of court. On hearing both sides, the trial judge had found that the tenant has committed wilful default in payment of rent. Before commencement of the trial the tenant was directed to pay the arrears of rent nearly about Rs.84,000/- and the same has also not been complied. Therefore, learned Rent Controller found that the tenant has committed wilful default. Therefore, he ordered for eviction. Aggrieved over that, he preferred an appeal in RCA No.4 of 2024 and the same also been confirmed by the learned Subordinate Judge, (Rent Appellate Authority), Katpadi. Aggrieved over the same, the revision petitioner / tenant has preferred this revision. Page3 of 4

¶4The learned counsel for the revision petitioner submits that the tenant, since 2002, is running a small shop and he has not committed any default in payment of rent. But the fact reveals that he is paying regular rent and he said that the court below not given proper opportunity.

¶5On considering the findings of the courts below which clearly reveals that the petitioner / tenant has committed wilful default in payment of rent from the year 2014 onwards. There is no merit in the revision and it is liable to be dismissed. The order passed by the learned Rent Controller is well reasoned. Considering the fact the petitioner is directed to vacate the premise within a period of three months and if he fails to vacate the premises, the respondent shall proceed with the eviction immediately.

¶6Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 04-06-2026 Index: Yes/No Speaking/Non-speaking order MTL To

¶1The Subordinate Court, (Rent Appellate Authority), Katpadi.

¶2The Rent Controller/District Munsif, Katpadi. CRPoNo.o87oofo2026 T.V.THAMILSELVIoJ. MTL CRPoNo.o87oofo2026 AND CMPoNO.o287oOFo2026 04-06-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-06-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 287 OF 2026 S. Dinakaran S/o. Subramani, No.84/47, Perumal Koil Street, Old Katpadi, Katpadi Taluk, Vellore District. ..Petitioner(s) Vs S. Karuna S/o. Sadasiva Chettiar, No.41, 8th Cross, Magadai Road, Bangalore-560 023. ..Respondent(s) PRAYER : Civil Revision Petition is filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 as amended by 1973 and Act of 1980, to set aside the order in RCA No.4/2024 dated 08.10.2025 passed by the learned Subordinate Judge, (Rent Appellate Authority), Katpadi by partly confirming the fair and decreetal order in RCOP No.9/2015 dated 04.06.2024 passed by the learned Rent Controller/District Munsif at Katpadi and consequently allow the above CRP. For Petitioner(s): Mr.B.Gopalakrishnan For Respondent(s): Mr.N.P.Vijayakumar Page2 of 4