Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 51177 (MAD)

S.Kalpana v. Subba Reddy Charities

CRP/3400/2026 · 2026-07-09

Abdul Quddhose

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP No. 3483 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE CRP No. 3483 of 2026 AND CMP NO. 14774 OF 2026,CRP NO. 3400 OF 2026,CMP NO. 15178 OF 2026 1. S.Kalpana Petitioner(s) Vs 1. Subba Reddy Charities Rep by Trustee A.J.Y.Suresh Res at No.F1, Arunachala Nest, 12, Natesa Nagar, Main Road, 1st Cross Street, Virugambakkam, Chennai 600032 Respondent(s) CRP No. 3400 of 2026 1. S.Kalpana Appellant(s) Vs 1. Subba Reddy Charities Rep.by Trustee A.J.Y.Suresh, Res. at No.F1, Arunachala Nest, 12, Natesa Nagar, Main Road, 1st Cross Street, Virugambakkam, Chennai-32. Respondent(s) CRP No. 3483 of 2026 PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Docket Order dated 25.03.2026 passed in MP.No.3 of 2025 in RLTOP.No.271 of 2024 on the file of the XI Judge, Court of Small Causes at Chennai. https://www.mhc.tn.gov.in/judis CRP No. 3483 of 2026 CRP No. 3400 of 2026 PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Docket order dated 25.03.2026 passed in MP No. 4 of 2025 in RLTOP NO. 271 of 2024 on the file of the XI Judge, Court of Small Causes at Chennai. For Petitioner(s): Mr.S.Giritharan For Respondent(s): Mr.G.Suriya Narayanan COMMON ORDER These civil revision petitions have been filed, aggrieved by the impugned orders both dated 25.03.2026 passed by the XI Judge, Court of Small Causes, Chennai in M.P. Nos.3 and 4 of 2025 in R.L.T.O.P. No.271 of 2024. 2. In the aforesaid orders, the applications filed by the petitioner / tenant, seeking for appointment of an advocate commissioner to ascertain the jurisdiction and raising the preliminary issue of jurisdiction of the XI Judge, Court of Small Causes, Chennai to entertain the R.L.T.O.P. viz., R.L.T.O.P. No.271 of 2024 has been dismissed. Since both the civil revision petitions arise out of the same R.L.T.O.P., these civil revision petitions are disposed of by a common order. 3. According to the petitioner, the jurisdiction is vested with the District Munsif Court, Alandur and not the XI Judge, Court of Small Causes, Chennai. According to the petitioner, the schedule premises does not fall within the jurisdiction of the XI Judge, Court of Small Causes, Chennai, but, falls within https://www.mhc.tn.gov.in/judis CRP No. 3483 of 2026 the jurisdiction of District Munsif Court, Alandur. 4. The contention of the petitioner with regard to the jurisdiction has been rejected under the impugned orders on the ground that under the Act, 2017, there is no provision provided, to raise the jurisdiction issue. It is now brought to the notice of this Court by the learned counsel for the respondent (landlord) that the main R.L.T.O.P. viz., R.L.T.O.P. No.271 of 2024 is posted for orders by the XI Judge, Court of Small Causes, Chennai in the main petition in R.L.T.O.P. No.271 of 2024 today (09.07.2026). 5. The proceedings before the rent court under the Act, 2017 is a summary proceeding. Any application filed under the Act, 2017 has to be disposed of within a period of 90 days after service of notice on the opposite party. While that be so, the question of entertaining these civil revision petitions at this stage, when the XI Judge, Court of Small Causes, Chennai has already heard the main petition and has posted the same for pronouncement of orders in the main petition today (09.07.2026), does not arise, that too, when there is no specific provision available in the Act, 2017 for any party to raise the jurisdiction issue. 6. This court is not expressing any opinion with regard to the contentions of the petitioner before this court in respect of the jurisdiction issue raised by https://www.mhc.tn.gov.in/judis CRP No. 3483 of 2026 the petitioner and it is left open for the petitioner to raise the same before the XI Judge, Court of Small Causes, Chennai in R.L.T.O.P. No.271 of 2024. It is also to be noted that the petitioner has also raised the very same jurisdiction issue through her counter statement filed before the XI Judge, Court of Small Causes, Chennai in R.L.T.O.P. No.271 of 2024. 7. The learned counsel for the petitioner during the course of his submissions submitted that he has not been heard by the XI Judge, Court of Small Causes, Chennai with regard to the jurisdiction issue and other grounds raised through their counter filed in R.L.T.O.P. No.271 of 2024. 8. No prejudice will be caused, if a direction is issued to the XI Judge, Court of Small Causes, Chennai to provide one more opportunity for the petitioner / tenant to make her submissions through her counsel with regard to the contentions raised in her counter statement filed in R.L.T.O.P. No.271 of 2024. 9. Accordingly, these civil revision petitions are disposed of by directing the XI Judge, Court of Small Causes, Chennai to keep the pronouncement of the orders in R.L.T.O.P. No.271 of 2024 in abeyance and directs the said court to list the R.L.T.O.P. No.271 of 2024 for arguments of the learned counsel for the petitioner / tenant in R.L.T.O.P. No.271 of 2024 on 17.07.2026. After hearing https://www.mhc.tn.gov.in/judis CRP No. 3483 of 2026 the submissions of both the counsels on 17.07.2026, the XI Judge, Court of Small Causes, Chennai is directed to dispose of R.L.T.O.P. No.271 of 2024 within a period of 4 weeks thereafter. No costs. Consequently, connected miscellaneous petitions are closed. 09-07-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ab To The XI Judge, Court of Small Causes, Madras. https://www.mhc.tn.gov.in/judis CRP No. 3483 of 2026 ABDUL QUDDHOSE J. ab CRP No. 3483 of 2026 AND CMP NO. 14774 OF 2026,CRP NO. 3400 OF 2026,CMP NO. 15178 OF 2026 09-07-2026 https://www.mhc.tn.gov.in/judis