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CRP.No. 3738 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.08.2025
CORAM:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP.No. 3738 of 2025 and CMP.No.19925 of 2025 P.M. Arivu .. Petitioner Versus Bava Shara Shatriya Seva Samaj
Represented by its President G.G.Giri Rao, No.56, Alangayam Road, Tirupattur Town and Taluk, Tirupattur District ..Respondents
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the decree and Judgment dated 18.06.2025 rendered in R.L.T.A.No.3 of 2024 on the file of the Rent Control Appellate Authority, Tirupattur ( District Court, Tirupattur), confirming the decree and the Judgment dated 24.08.2023 rendered in R.L.T.O.P.No.1 of 2021, on the file of the Principal District Munsif, Tirupattur by allowing this Civil Revision Petition and pass orders. For Petitioner : Mr. M.S. Subbaiah, Sc for 1/8 https://www.mhc.tn.gov.in/judis
CRP.No. 3738 of 2025 Mr.D. Venkateswara Rao For Respondents : Mr. Pa. Sudesh Kumar
ORDER This Civil Revision Petition has been filed to set aside the decree nd Judgment dated 18.06.2025 rendered in R.L.T.A.No.3 of 2024 on the file of the Rent Control Appellate Authority, Tirupattur ( District Court, Tirupattur), confirming the decree and the Judgment dated 24.08.2023 rendered in R.L.T.O.P.No.1 of 2021, on the file of the Principal District Munsif, Tirupattur by allowing this Civil Revision Petition
2.
Brief facts set out in the petition are as follows:
2.1. The Revision Petitioner herein is the tenant and the Respondent is the land lord for the subject property. 2.2. The subject property was let out to the Appellant/Revision Petitioner herein for a monthly rent. A rental agreement was entered between the petitioner and the respondent on 01.02.2022 for a period of two years. During the period of the said rental agreement, the monthly rent was fixed at Rs.500/- for this purpose, the respondent paid 2/8 https://www.mhc.tn.gov.in/judis
CRP.No. 3738 of 2025 Rs.50,000/- twice respectively as advance and totally Rs.1,00,000/- as advance payment. There is no interest on the advance amount. The said agreement expired on 01.02.2002 and again a 3 year rental agreement was entered between the petitioner and the respondent on 01.02.2004. However, there was dispute between the petitioner and the respondent with regard to payment of rent and the terms of the rental agreement. Hence, the landlord/respondent insisted the petitioner to vacate the subject property, but the petitioner does not vacate the premises, due to which the landlord/respondent filed R.L.T.O.P.No.1 of 2021 on the file of the Principal District Munsif, Tirupattur and the same was allowed with a direction to the petitioner to pay the arrears of rent and vacate the subject property and handover the same to the Respondent. 2.3 Challenging the same, the Petitioner/tenant preferred an appeal in R.L.T.O.P.No.3 of 2024 on the file of the Rent Control Appellate Authority, Tirupattur who dismissed the appeal vide order dated 18.06.2025 and confirmed the order passed in R.L.T.O.P.No.1 of 2021 on the file of the Principal District Munsif, Tirupattur(Rent Controller, Tirupattur). Challenging the same the petitioner has come up with this 3/8 https://www.mhc.tn.gov.in/judis
CRP.No. 3738 of 2025 Revision petition. 3. The learned counsel appearing for the Revision petitioner/tenant submitted that he is a statutory tenant and he is also regularly paying the rent to the respondent. He further submitted that the learned Judge did not analyze any evidence for the purpose of arriving at such a finding that the respondent requires the premises for performing poojas and without any such consideration of the fact and the materials on record passed the order mechanically. Hence he prays to allow this petition. 4.
The learned counsel for the Respondent/landlord submitted that that they are in need of the premises for performing poojas and neivediyas are being held for the five idols of Panduranagar Rukamani. Since more than 50 people of the respondent's community participate in the poojas. He further submits that there was default in rent by the petitioner. Hence he seeks a direction of this Court to the petitioner to vacate the subject property. 5.Heard the learned counsel for the revision petitioner and the
learned counsel for the respondent and perused materials available on 4/8 https://www.mhc.tn.gov.in/judis
CRP.No. 3738 of 2025 record.
6. On a perusal of records it is seen that the subject property was let out to the petitioner only for rent and after some period the respondents are in need of the premises for performing poojas and neivediyas which is being held for the five idols of Panduranagar Rukamani. Since more than 50 people of the respondent's community participate in the poojas. Hence they requested the tenant to vacate the premises. It is a well established law that the tenant cannot dictate terms to the land lord. Hence, the order passed on 18.06.2025 in R.L.T.A.No.3 of 2024 on the file of the Rent Control Appellate Authority, Tirupattur ( District Court, Tirupattur), is perfectly valid and there is no necessity to interfere with the same. 7.Considering the aforesaid facts and circumstances of the case, that the Respondent have let the subject property for rent with a bona fide intention and the petitioner ought to have vacated from the premises as the landlord require the subject property. 5/8 https://www.mhc.tn.gov.in/judis
CRP.No. 3738 of 2025
8. In view of the above, this Court further directs the petitioner to vacate from the premises in question and handover the possession of the same to the respondent within a period of ten months from the date of receipt or uploading of a copy of this order.
9. With the above observations, this C.R.P is disposed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 13.08.2025 Speaking order : Yes/No Neutral citation : Yes/No Index : Yes/No smn To
1. The Rent Control Appellate Authority, Tirupattur ( District Court, Tirupattur) 6/8 https://www.mhc.tn.gov.in/judis
CRP.No. 3738 of 2025
2. The Principal District Munsif, Tirupattur
3. The Section Officer, V.R.Section, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis
CRP.No. 3738 of 2025 T.V.THAMILSELVI, J. smn CRP.No. 3738 of 2025 and CMP.No.19925 of 2025 13.08.2025 8/8 https://www.mhc.tn.gov.in/judis