Citation : 2026 Latest Caselaw 458 Mad
Judgement Date : 18 February, 2026
CRP No. 794 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-02-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 794 of 2026 and
CMP No.4108 of 2026
1. N.Baskar, S/O. Nagalingam,
No.13, Vivekanandapuram,
Opp. Palaniyandi Hospital,
Ammapettai, Salem – 3.
2. N.Kirubakar, S/o.Nagalingam,
No.102, C Block,
Sri Krishna Brindavan Apartment,
Moogambigai Nagar, Nerkundram,
Ambattur, Tiruvallur Dist 107
3. N.Malathi, D/o.Nagalingam,
W/o.Rajkumar, No.23, 2nd Floor,
Salim Icon Enclave,
Venkatesa Nagar 1st St,
Virugambakkam, Chennai 92.
..Petitioner(s)
Vs
A.Pannerselvam
S/O. late Nagalingam Arumugamudaliar,
1st Floor. D.No. 15/81, Thangasengodan Street,
Ammapettai, Salem - 5.
..Respondent(s)
__________
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CRP No. 794 of 2026
Prayer: Civil Revision Petition filed under Article 227 of Constitution of India
seeking to set aside the fair and decreetal order dated 19.11.2025 made in
IA.No.5/2025 in RLTOP.No. 8/2024 on the file of the II Additional District
Munsif/ Rent Court, Salem.
For Petitioner(s): Mr.R.Prabakar
ORDER
This Civil Revision Petition has been filed challenging the order passed
by the rent court, dismissing the application filed by the petitioners, seeking
their impleadment in RLTOP No.8 of 2024, filed by the respondent seeking
eviction of tenant.
2. The respondent herein/landlord filed the above said OP seeking
eviction of one G.Gnanavel under various grounds enumerated under Section 21
of Tamil Nadu Regulation of the Rights and Responsibilities of Landlord and
Tenants Act. According to the respondent, there was a lease arrangement
between him and the said G.Gnanavel on 02.05.2023 and he committed default
in payment of rents for 5 months together. It is further stated by the respondent
that the said G.Gnanavel had erected permanent structures in the premises and
thereby caused damage to the premises. Therefore, the respondent filed the
eviction petition against the said tenant G.Gnanavel.
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3. The petitioners herein claiming themselves as real owners of the
property, filed the instant application seeking their impleadment in the main OP.
The said impleading petition was dismissed by the rent court and aggrieved by
the same, the petitioners have come before this court.
4. The learned counsel for the petitioners would submit that the
petitioners are the real owners of the property and the respondent falsely
claiming himself as a owner of the property, filed the said main OP and hence,
the same is not maintainable. The eviction petition has been filed by the
respondent, based on the jural relationship between the landlord and tenant.
The procedure before the rent court is summary in nature and the rent court
can only consider the question whether the respondent is a landlord within the
meaning of Tamil Nadu Regulation of the Rights and Responsibilities of
Landlord and Tenants Act and as to whether there exists a jural relationship
between the respondent and G.Gnanavel as landlord and tenant.
5. The petitioners claim title over the property. However, the rent court
cannot decide the question with regard to the title. Whether the petitioners are
the real owners of the property or the respondent is the owner of the property is
alien issue in the application filed by the respondent, based on the tenancy
arrangement. Therefore, the rent court rightly dismissed the instant impleading
petition and I do not find any error to interfere with the same.
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6. Accordingly, this civil revision petition is dismissed. It is made clear
that the dismissal of this civil revision petition will not come in the way of the
petitioners pursuing any other remedy available under law. There shall be no
order as to costs. Consequently, connected miscellaneous petition is closed.
18-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
MST
To
The II Additional District Munsif /Rent Court, Salem.
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S.SOUNTHAR, J.
MST
18-02-2026
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