CRP(NPD) No.4264 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS Date : 30.07.2025 CORAM: THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.R.P (NPD) No.4264 of 2023 Varadarajan ... Petitioner ..Vs. D.Prakash ... Respondent Prayer: This Civil Revision Petition is filed under Section 25 of the Tamilnadu Buildings (Lease and Rent Control) Act, to set aside the fair and decreetal order dated 03.08.2025 made in RCA No.4 of 2023 against M.P No.8 of 2018 in RCOP No.17 of 2014, on the file of learned Sub Judge, Ambattur. For Petitioner : Mr.T.Arockiadass for M/s.Doss & Viswa Associates For Respondent : Mr.Manoj Sreevalsan O R D E R Challenging the impugned order of the Appellate Authority allowing the RCA No.4 of 2023 filed as against the fair and decreetal order passed in M.P No.8 of 2018 in RCOP No.17 of 2014, by the Rent 1/6 https://www.mhc.tn.gov.in/judis CRP(NPD) No.4264 of 2023 Controller, the present revision has been filed. 2. The following facts are necessary for the disposal of the main Civil Revision Petition: The Revision Petitioner being a landlord initiated rent control proceedings against the respondent for eviction on the ground of willful default under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent) Control Act, 1960. It is the contention of the landlord that initially, the monthly rent was fixed as Rs.1,500/- and it has been enhanced to Rs.2,500/- and the tenant has committed willful default from January 2011 till November 2013 works out to Rs.90,000/-. The said rent control application was allowed on 31.08.2015 as exparte decree. Thereafter, an application in M.P No.8 of 2018 was filed to set aside the exparte order which was dismissed by the Rent Controller. Challenging the same, an appeal in RCA No.5 of 2018 has been filed before the Rent Control Authority. At this stage, an application in I.A No.94 of 2019 was filed by the landlord under Section 11(3) of the Tamil Nadu Buildings (Lease and Rent) Control Act, 1960 and that application was allowed on 07.08.2019 by the Appellate Authority, directing the tenant to pay a sum of Rs.1,65,000/- on or before 06.09.2019. Thereafter, an 2/6 https://www.mhc.tn.gov.in/judis CRP(NPD) No.4264 of 2023 appeal filed as against the dismissal order in setting aside the exparte order of eviction was allowed by the Rent Control Appellate Authority by an order dated 03.08.2023. Against which, the present revision has been filed. 3. The only contention of the landlord is that despite the fact that Section 11(3) application was allowed by the Appellate Authority directing the tenant to pay a sum of Rs.1,65,000/-, that amount was not paid. Subsequently, even pending revision, that amount has not been paid. Therefore, when the tenant was a chronic defaulter even pending proceedings, he shall not be shown any indulgence. 4. The learned counsel for the respondent would submit that the rents have been paid till 27.07.2024. However, he fairly submitted that thereafter, the rents have not been paid . 5. I have perused the entire materials. 6. The very rent control application itself was filed for willful default for the rent from the year 2011. The eviction was ordered 3/6 https://www.mhc.tn.gov.in/judis CRP(NPD) No.4264 of 2023 as early as on 31.08.2015. Thereafter, the execution petition has been filed in E.P No.25 of 2016. Subsequently, an application has been filed to set aside the exparte order of eviction. Even after the eviction, the rents have not been properly paid. Only after filing an application under Section 11(3) of the Act before the Appellate Authority, the rent for a sum of Rs.1,65,000/- has been paid. Thereafter, the amounts have not been paid regularly and some amounts have been paid after a long gap. Even during the pendency of the revision, the tenant was not prompt in paying the rents. It is admitted by both side that after 27.07.2024, no amount has been paid towards the rental arrears. The above conduct of the tenant clearly indicates that he is a chronic defaulter, despite the proceedings has been initiated for eviction on the ground of willful default. Even after withholding the rent and not paying the rents every month, in view of this Court, is nothing but a case of deliberate act of willful default which amounts to supine indifference in paying the rent which indicate, in view of this Court entitled the landlord to get the premises to be vacated, because the very conduct of the tenant not paying the rent even during the revision is clearly a willful default. Therefore, the Appellate Authority order has to be set aside. 4/6 https://www.mhc.tn.gov.in/judis CRP(NPD) No.4264 of 2023 7. Accordingly, the order of the Rent Controller Appellate Court dated 03.08.2023 passed in R.C.A No.4 of 2023 is set aside and this Civil Revision Petition is allowed. The execution petition filed in E.P No.25 of 2016, by the landlord is restored to file and the Executing Court shall dispose of the above Execution Petition, within a period of three months from the date of receipt of a copy of this order. No costs. 30.7.2025 Index:Yes/No Internet:Yes/No uma To The Sub Judge, Ambattur. N.SATHISH KUMAR,J 5/6 https://www.mhc.tn.gov.in/judis CRP(NPD) No.4264 of 2023 uma C.R.P (NPD) No.4264 of 2023 30.07.2025 6/6 https://www.mhc.tn.gov.in/judis