Jaffer Ali vs Syed Pathu
2026 Latest Caselaw 288 Mad

Madras High Court

Jaffer Ali vs Syed Pathu on 20 January, 2026

                                                                                         C.R.P. (MD) No. 335 of 2022

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 20.01.2026

                                                          CORAM

                                  THE HON'BLE MR. JUSTICE N.SENTHILKUMAR

                                              C.R.P.(MD)No.335 of 2022
                                                        and
                                             C.M.P.(MD)No.1446 of 2022

                Jaffer Ali                                                               ... Petitioner


                                                              -vs-

                Syed Pathu                                                               ... Respondent

                PRAYER: Petition filed under Section 25 of the Tamilnadu Buildings (Lease
                and Rent Control) Act, to revise the fair and decreetal order as passed by the
                Rent Control Appellate Authority, ie., the learned Principal Subordinate Judge,
                Dindigul made in R.C.A.No.14 of 2018, dated 18.11.2021 confirming the fair
                and decreetal order of the learned Principal District Munsif, Dindigul made in
                R.C.O.P.No.49           of    2014,          dated          04.08.2018        directing         the
                petitioner/appellant/respondent/tenant to vacate the premises let out for rental
                purpose by the respondent to the petitioner forthwith within a time frame of two
                months.


                                  For Petitioner     : Mr.S.Palani Velayutham
                                  For Respondent     : No Appearance
                                                          *****




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                                                                                       C.R.P. (MD) No. 335 of 2022



                                                        ORDER

The Civil Revision Petition has been filed to set aside the fair and

decreetal order dated 18.11.2021 passed in R.C.A.No.14 of 2018 on the file of

the Principal Subordinate Judge, Rent Control Appellate Authority, Dindigul,

hereinafter referred to as the 'First Appellate Court' for short confirming the fair

and decreetal order, dated 04.08.2018, passed in R.C.O.P. No. 49 of 2014 on

the file of the Principal District Munsif Court, Rent Controller, Dindigul,

(hereinafter referred to as the 'Trial Court' for short).

2.Heard Mr.S.Palani Velayutham, learned Counsel for the petitioner and

perused the materials placed on record, apart from the pleadings of the parties.

3.The contention of the learned Counsel appearing for the petitioner is

that there is no landlord and tenant relationship between the parties and the

Courts below were erred in granting an order of eviction. The first appellate

Court has pointed out in the impugned order that the petitioner has not been

able to show any proof for the mortgage by any documentary evidence and

mere bare statement of third parties cannot be relied.

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4.The Hon'ble Supreme Court in various judgments, has consistently held

that in the absence of any evidence to be contrary to the relationship of landlord

and tenant, it has to be inferred when there is a delivery of possession of the

property by way of occupation between the parties. Hence, the impugned order

is confirmed.

5.In the result, the Civil Revision Petition is dismissed. No costs.

Consequently, the connected Miscellaneous Petition is closed.

20.01.2026

Index : Yes/No Internet : Yes/No

cmr

To

1.The Principal Subordinate Judge, Rent Control Appellate Authority, Dindigul,

2.The Principal District Munsif Court, Rent Controller, Dindigul,

3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

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N.SENTHILKUMAR, J.

cmr

20.01.2026

https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/01/2026 06:26:37 pm )