IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P.B. BALAJI
Managing Director – Appellant
Versus
Kancheepuram Hodgsonpet Dhanarakshaka Nidhi Limite – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.10.2025 CORAM :
THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.Nos.18542 of 2024 & 20549 of 2025
1. Managing Director, Tamil Nadu Handloom Weaver Co-operative Society Limited, Pantheon Road, Egmore, Chennai.
2. Regional Manager, Tamil Nadu Handloom Weaver Co-operative Society Limited, Melmonavur, Bangalore Road, Opp. to Government ITI, Vellore.
3. The Branch Manager, Kamakshi Co-optex, No.182, Gandhi Road, Kanchipuram. ...Petitioners in both petitions Vs.
Kancheepuram Hodgsonpet Dhanarakshaka Nidhi Limited, Rep. by its President, S.P.Swaminathan, Having office at No.182, Gandhi Road, Kanchipuram.
(Amended, vide order dated 18.08.2025 made in CRP.No.3425 of 2024.) ...Respondent in both petitions Prayer in CRP.No.3425 of 2024: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 Civil Procedure Code, to set aside the Fair and Decreetal order dated 27.02.2024 passed in RCA.No.6 of 2019 by the Rent Control Appellate Authority/Addl. Subordinate Judge, Kanchipuram, confirming the Judgment and Decree passed by the Rent Controller/Principal District Munsif Court, Kanchipuram in RCOP.No.6 of 2014 dated 06.06.2019 and allow the above said CRP.
Prayer in CRP.No.3907 of 2025: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 13.09.2023 passed in E.A.No.7 of 2022 in E.P.No.115 of 2014 by the Principal District Munsif Court, Kanchipuram and allow the present CRP.
In both petitions:
For Petitioners : Mr.P.Radha Krishnan and Mr.S.P.Vijayaragavan For Respondent : Mr.R.Mubarak Basha
COMMON ORDER
Civil Revision petition in CRP.No.3425 of 2025 has been filed against the order dated 27.02.2024 passed in R.C.A.No.6 of 2019, confirming the eviction order dated 06.06.2019 passed in RCOP.No.6 of 2014. Whereas, the civil revision petition in CRP.No.3907 of 2025 arises out of the proceedings taken in E.P.No.115 of 2014 before the Principal District Munsif Court, Kancheepuram, for executing the order of eviction in favour of the respondent.
2. The tenants are the revision petitioners in both these revision petitions.
3. In view of the above, it would suffice to dispose of CRP.No.3425 of 2024 first and the result of the said revision would have a direct bearing on CRP.No.3907 of 2025.
4. For brevity, the petitioners in both the revisions are hereinafter referred to as the 'tenants' and the respondent in both the revisions is hereinafter referred to as the 'landlord'.
5. The respondent/landlord filed a petition under section 14(1)(b)
of the Rent Control Act for bona fide purposes of demolition and reconstruction of the subject premises. The landlord inducted the tenants on a monthly rent of Rs.13,000/-. The tenancy with the tenants came to an end on 31.12.2003 and thereafter, it was not renewed. The landlord had earlier filed RCOP.No.6 of 2004 for fixation of fair rent and fair rent has already been fixed and the tenants have started paying the fair rent. According to the landlord, the subject premises is more than 100 years old and it is situated at the heart of the town and he has decided to demolish the same and put up a new multi-storey construction, with modern amenities, with a view to augment his income. According to the landlord, the requirement of the subject premises is bona fide and immediate. The landlord had also given an undertaking that he would commence the work of demolition of the building substantially, within a period of one month and complete the same within a period of three months from the date of recovering the possession of the premises from the tenants. The said request for eviction on the ground of demolition and reconstruction was resisted by the tenants, contending that though the tenancy is admitted, the building is in good and habitable condition and it does not require immediate demolition and reconstruction. It is also contended that the tenants have been carrying out peri
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