Madras High Court
Mr.P.Devichand vs Mr.B.Devendarlal (Deceased) on 16 October, 2025
Tr.CMP.No.955 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.10.2025
CORAM:
THE HON'BLE MR. JUSTICE M.JOTHIRAMAN
Tr.CMP.No.955 of 2025
Mr.P.Devichand ... Petitioner
vs.
1.Mr.B.Devendarlal (deceased)
2.Mrs.D.Sasikala
3.Mrs.Susila Bai
4.Mrs.Jageshwari ... Respondents
Prayer: Petition filed under Section 24 of the Civil Procedure Code, 1908
seeking to withdraw RLTOP No.57 of 2019 on the file of the XIII Small Causes
Court at Chennai and transferring the same to the District Munsif Court at
Madhavaram, which is the correct jurisdictional Court in the same stage of
proceedings.
For Petitioner : Mr.Ralph V.Manohar
ORDER
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The petitioner is the landlord and he has filed a petition under Sections
21(2)(b) and 21(2)(a) of The Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017 [in short “TNRRRLT Act”]
in RLTOP.No.57 of 2019 on the file of the 13th Small Causes Court, Chennai,
seeking the relief of direction to the respondent/tenant to vacate and handover the
land and building bearing Door No.7, Thiruthangal Avenue, Selavoyal, Chennai-
600 051 on the ground of wilful default in payment of monthly rents and failed to
enter into an agreement under Section 4(2) of the TNRRRLT Act, 2017.
2. It is stated in the affidavit that the cross examination of both the
petitioner and the respondent was completed and the matter was posted for
arguments. On 07.07.2025, on verification with the Nazir Section of the City
Civil Court and the Small Causes Court, it was informed that the property under
dispute does not comes within the jurisdiction of the Small Causes Court and it
comes within the jurisdiction of the District Munsif Court, Madhavaram and
hence, the petition is filed to withdraw RLTOP.No.57 of 2019 pending on the file
of the XIII Small Causes Court, Chennai and transfer the same to the District
Munsif Court, Madhavaram in the same stage of proceedings.
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3. The learned counsel appearing for the petitioner would submit that since
the Small Causes Court, Chennai does not possess territorial jurisdiction to deal
with the issue and the District Munsif Court, Madhavaram is the correct
jurisdictional Court and the same shall be transferred at the same stage of the
proceedings. To strengthen his arguments, the learned counsel for the petitioner
relied upon the order of this Court dated 24.01.2025 made in Tr.C.M.P.No.1283 of
2024 [Mrs.R.Padmapriya and another v. Nil].
4. Heard both sides and perused the entire materials available on record.
5. The present petition has been filed on the ground that the Court of Small
Causes, Chennai does not have territorial jurisdiction and the District Munsif
Court at Madhavaram is the correct jurisdictional Court.
6. In this context, it is relevant to cite the judgment of the Hon'ble Supreme
Court in the case of Neha Arun Jugadar v. Kumari Palak Diwan Ji [AIR 2011
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SC 1164], wherein it was held that the Court cannot pass an order on the ground
that the Court where case was pending had no jurisdiction. The party has to
apply to the Court for dismissing the case on that ground.
7. The purpose of Section 24 CPC is merely to confer on the court
discretionary power. Section 24 does not prescribe any ground for ordering the
transfer of a case. The Court must act judicially in ordering a transfer [Jitendra
Singh v. Bhanu Kumari & Others [(2009) 1 SCC 130].
8. This Court, vide order dated 24.01.2025 in Tr.CMP.No.1283 of 2024
[Mrs.R.Padmapriya and another v. Nil] held that invoking Section 24(2) of CPC,
the learned Principal District Judge at Kancheepuram was directed to proceed
with the case from the stage at which it has been transferred to him.
9. In the light of the decisions cited supra, this Court is inclined to allow
this petition. Accordingly, this Transfer Civil Miscellaneous Petition stands
allowed and RLTOP.No.57 of 2019, pending on the file of the XIII Small Causes
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Court, Chennai is transferred to the file of the District Munsif Court at
Madhavaram, who shall proceed with the case from the stage at which it has been
transferred to him. No costs.
16.10.2025
Intex : Yes/No
Internet : Yes/No
Jvm
To
1.XIII Small Causes Court,
Chennai.
2.The District Munsif Court,
Madhavaram.
M.JOTHIRAMAN, J.
Jvm
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16.10.2025
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