Madras High Court
A.P.L. Nachammai W/O. Ampapalaniappan vs M/S. Olah - Viq Software Solutions India ... on 6 October, 2025
C.S. No.159 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2025
CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL
C.S. No.159 of 2023
A.P.L. Nachammai W/o. AmpaPalaniappan
represented by Power of Attorney
Mr. M. Raja Sekhar … Plaintiff
Vs.
1. M/s. OLAH - VIQ Software Solutions India Pvt. Ltd.,
represented by its Managing Director
M.P. Palaniyappan
2. M.P. Palaniyappan S/o. Paramasivam … Defendants
PRAYER: The Plaint is filed under Order IV Rule I of Original Side Rules
read with Order VII Rule 1 of Civil Procedure Code praying to pass a
judgment and decree against the defendants
(i)directing the defendants to pay a sum of Rs.1,15,68,273/- together
with interest at the rate of 18% p.a from the date of Plaint till
realization;
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C.S. No.159 of 2023
(ii)directing the defendants to pay the cost of the Suit; and
(iii)for any other relief.
For Plaintiff : Mr. N. Alagu Narayanan
for M/s. RRN Legal.
JUDGMENT
This Civil Suit has been filed by the Plaintiff to direct the defendants to
pay a sum of Rs.1,15,68,273/- together with interest @ 18% per annum from
the date of Plaint till the realization and to pay cost.
2. The gist of the Plaint averments are as follows:-
The Plaintiff is the landlord and the 2nd defendant, representing the 1st
defendant company, is the tenant and they entered into a rental Agreement
dated 23.09.2013 and the same was not renewed due to the defendant's non
co-operation. The defendants paid the monthly rent of Rs.1,12,360/- inclusive
of service tax till April 2014. Thereafter, they did not pay the rent for the
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months of May to November 2014. Therefore, the Plaintiff approached the
Small Causes Court, Chennai. Thereafter, the defendants paid a sum of
Rs.7,86,520/- towards the arrears of rent. Thereafter, the Plaintiff initiated
eviction proceedings in RCOP No.1312 of 2015 before the X Small Causes
Court, Chennai and also filed an application to direct the defendants to pay
the arrears of rent totalling to Rs.10,28,000/- and the same was allowed. The
main RCOP was disposed of by evicting the 1st defendant by granting two
months' time. In the meantime, the 2nd defendant filed a Suit for permanent
injunction in O.S. No.2778 of 2014 before the XI Assistant Judge, City Civil
Court, Chennai and the same was dismissed on 01.08.2015. Thereafter, the
Plaintiff initiated execution proceedings in E.P. No.346 of 2016 in R.C.O.P.
No.1312 of 2015 before the X Small Causes Court, Chennai and the same was
allowed on 10.10.2022 and the possession was also given to the Plaintiff. The
defendants have to pay arrears of rent of Rs.1,15,68,273/-, after deducting the
payment of Rs.1 lakh which was paid by the 2nd defendant on 16.08.2022, in
respect of arrears of rent. Hence, the defendants have to pay the rent arrears
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amount. Therefore, the Plaintiff has filed the Suit.
3. The defendants have not filed any Written statement and were set
exparte.
4. The learned counsel appearing for the Plaintiff would submit that
the defendants are the tenants and the monthly rent was fixed at Rs.1,12,360/-
and the agreement was entered into between the parties on 23.09.2013 and
thereafter, as there are arrears of rent, the Plaintiff initiated eviction
proceedings and the same was ordered in R.C.O.P. No.1312 of 2015 on the
file of the X Small Causes Court, Chennai. Thereafter, as per the order passed
in E.P. No.346 of 2016, the defendants vacated the premises on 10.10.2022.
The defendants have to pay a sum of Rs.1,15,68,273/- towards the arrears of
rent. In the meantime, the 2nd defendant made a payment of Rs.1 lakh
through a Demand Draft on 16.08.2022 and thereafter, they have not made
any payment. Therefore, the Plaintiff has filed the Suit. In order to prove his
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case, the Plaintiff was examined as PW1 and marked Ex.P.1 to Ex.P.12. On
the side of defendants, no oral or documentary evidence adduced as they were
set exparte. Therefore, the Plaintiff has proved his claim.
5. This Court heard the Plaintiff's side and perused the entire materials
available on record.
The point for determination in this Suit is "whether the Plaintiff is
entitled to decree as prayed for".
6. According to the Plaintiff, he is the landlord and the 2nd defendant,
representing the 1st defendant company, is the tenant and they entered into a
rental Agreement dated 23.09.2013 and the monthly rent was fixed at
Rs.1,12,360/-. There were arrears of rent, thereby, the Plaintiff filed an
Eviction Petition in R.C.O.P. No.1312 of 2015. The defendants had to pay a
sum of Rs.10,28,000/-. Since the defendants failed to pay the above said
amount, an eviction order was passed on 24.06.2016. Thereafter, the Plaintiff
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had filed an execution petition in E. P. No.346 of 2016 and the same was
allowed on 10.10.2022 by evicting the defendants from the Suit premises. In
the meantime, the 2nd defendant paid a sum of Rs.1 lakh through a Demand
Draft dated 16.08.2022. The total rent arrears payable by the defendants is
Rs.1,15,68,273/-.
7. In order to prove the above said claim of the Plaintiff, he was
examined as PW1 and Ex.P.1 to Ex.P.12 were marked. Ex.P.1 is the certified
copy of the Plaint filed by the defendant in O.S. No.2778 of 2014 dated
12.05.2014. Ex.P.2 is the photocopy of the Demand Draft bearing number
472318 paid by the defendant to the Plaintiff dated 16.08.2022. Ex.P.3 is the
certified copy of the order in E.P. No.346 of 2016 passed by the X Judge,
Small Causes Court, Chennai dated 10.10.2022. Ex.P.4 is the photocopy of
the Statement of Accounts from June 2016 to September 2022. Ex.P.5 is the
Power of Attorney dated 01.12.2022. Ex.P.6 is the certified copy of the
petition in R.C.O.P. No.1312 of 2015. Ex.P.7 is the certified copy of the
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counter filed by the respondent in R.C.O.P. No.1312 of 2015. Ex.P.8 is the
certified copy of the order in R.C.O.P. No.1312 of 2015. Ex.P.9 is the
certified copy of the written statement filed by the defendant in O.S. No.2778
of 2014 dated 14.11.2014 on the file of the City Civil Court, Chennai.
Ex.P.10 is the certified copy of Judgment and Decree in O.S. No.2778 of 2014
dated 01.08.2015 on the file of the City Civil Court, Chennai. Ex.P.11 is the
certified copy of the affidavit and petition filed by the petitioner in M.P.
No.136 of 2016 in R.C.O.P. No.1312 of 2015 dated 25.02.2016 on the file of
the X Judge, Small Causes Court, Chennai. Ex.P.12 is the certified copy of
the Judgment and Decree in M.P. No.136 of 2016 in R.C.O.P. No.1312 of
2015 dated 13.06.2016 on the file of the X Judge, Small Causes Court,
Chennai.
8. There is no contra evidence adduced by the defendants to rebut the
Plaintiff's side evidence. The Plaintiffs side evidences clearly proved the
claim made by the Plaintiff. The last payment made by the 2nd defendant
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was on 16.08.2022 towards arrears of rent. Thereafter, the defendants have
not made any payment. As per statement of accounts, the total arrears of rent
is Rs.1,15,68,273/-. The Suit was filed in the year 2023. Therefore, the
Plaintiff has proved his claim and the Plaintiff is enttiled to decree for
recovery of Suit money.
9. In the result, the Suit is decree with cost and the defendants are
directed to pay a sum of Rs.1,15,68,273/- with interest @ 6% p.a. from the
date of Plaint till the realization of the amount.
06.10.2025
Index : Yes/No
Speaking Order : Yes/No
mjs
APPENDIX:
List of Plaintiff side Witnesses:
PW1 : Mr. M. Raja Sekhar
List of Plaintiff side Documents:
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Exhibit Date Description of Documents.
No.
Ex.P.1 12.05.2014 Certified copy of the Plaint filed by the
defendant in O.S. No.2778 of 2014.
Ex.P.2 16.08.2022 Photocopy of the Demand Draft bearing
number 472318 paid by the defendant to
the Plaintiff.
Ex.P.3 10.10.2022 Certified copy of the Judgment and Decree
in E.P. No.346 of 2016 passed by the X
Judge, Small Causes Court, Chennai
Ex.P.4 - Photocopy of the Statement of Accounts
from June 2016 to September 2022.
Ex.P.5 01.12.2022 Power of Attorney
Ex.P.6 - Certified copy of the petition in R.C.O.P.
No.1312 of 2015.
Ex.P7 - Certified copy of the counter filed by the
respondent in R.C.O.P. No.1312 of 2015.
Ex.P.8 Certified copy of the order in R.C.O.P.
No.1312 of 2015.
Ex.P.9 14.11.2014 Certified copy of the written statement
filed by the defendant in O.S. No.2778 of
2014 on the file of the City Civil Court,
Chennai.
Ex.P.10 01.08.2015 Certified copy of Judgment and Decree in
O.S. No.2778 of 2014 on the file of the
City Civil Court, Chennai.
Ex.P.11 25.02.2016 Certified copy of the affidavit and petition
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filed by the petitioner in M.P. No.136 of
2016 in R.C.O.P. No.1312 of 2015 on the
file of the X Judge, Small Causes Court,
Chennai.
Ex.P.12 13.06.2016 Certified copy of the Judgment and Decree
in M.P. No.136 of 2016 in R.C.O.P.
No.1312 of 2015 on the file of the X
Judge, Small Causes Court, Chennai.
List Defendant Side Witnesses and Documents: NIL
06.10.2025
P. DHANABAL.,J
mjs
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06.10.2025
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