IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.12.2025

CORAM:

THE HON'BLE Mr.JUSTICE P.DHANABAL

D.Paramasivam ... Plaintiff

Vs

1. P.Kalaivani

2. S.Purushothaman ...Defendants

Prayer

The Civil Suit filed under Order VII Rule 1 of CPC read with Order

IV Rule I of Original Side Rules to (a) direct the defendants to pay the sum of Rs.1,01,88,406/- being arrears of fair rent and contractual rent due till October, 2024 with interest at 18% from the date of plaint till the

date of payment (b) for cost of the suit including advocates fees.

For Plaintiff : Mr.K.P.Ashok

For Defendants : No appearance - Set exparte

J U D G M E N T

The present suit has been filed by the plaintiff for recovery of

money of Rs.1,01,88,406/- being arrears of the fair rent and contractual

rent due till October, 2024 with interest at the rate of 18% per annum.

2. The brief averments of the plaint are as follows:-

(i) The plaintiff is the owner of the suit property and the defendants, who are husband and wife had become tenants under the plaintiff in respect of two portions of the said premises. The defendants totally were paying monthly rent of Rs.22,500/- per month for the portions rented to them. The defendants had committed willful default in payment of rent and unauthorisedly sub-let the portions to the third parties without permission of the plaintiff. Therefore, the plaintiff filed two petitions for eviction against the defendants in R.C.O.P.Nos.2181 and 2260 of 2013 and the same were allowed. Aggrieved by the said eviction orders, defendants have preferred appeals and the same were dismissed and now Civil Revision Petition Nos.1571 and 1572 of 2021 are pending before this Court.

(ii) Further, the plaintiff had filed two petitions for fixing fair rent against the defendants in respect of the said two portions rented to them in R.C.O.P.Nos.2261 and 2167 of 2012 and the said petitions were allowed and the fair rent was fixed at Rs.43,628/- per month in RCOP No.2261 of 2012 (Ground floor portion) and a sum of Rs.49,380/- was fixed in R.C.O.P.No.2167 of 2012 (First floor portion) through order dated 22.11.2017 and the said amount has to be paid with effect from 15.10.2012. Aggrieved by the said fixation of fair rents, the defendants have preferred appeals in R.C.A.Nos.114 and 578 of 2018 and the same were dismissed through the common order dated 29.09.2023. Thereafter, no any appeal or revision was preferred as against the dismissal of appeals in respect of fixation of fair rent and thereby the order of Appellate Court has attained finality.

(iii) The defendants are liable to pay the arrears of fair rent, viz., for the ground floor, as per RCOP No.2261 of 2012, the total sum of Rs.44,97,996/- [by fixing fair rent Rs.43,628/- plus differential rate between the fair rent minus the rents paid at the old contractual rate of Rs.12,500/- = Rs.31,128/-], further, for the first floor portion, as per RCOP No.2167 of 2012, the total sum of Rs.56,90,410/-, [by fixing fair rent Rs.49,380/- differential rate between the fair rent minus the rents paid at the old contractual rate of Rs.10,000/-] and in total, the defendants are liable to pay Rs.1,01,88,406/-. The plaintiff has issued notice to the defendants on 09.11.2023 calling upon the defendants to pay the arrears of fair rent and they managed to return the same as ‘unclaimed’. Therefore, the plaintiff filed the suit and the plaintiff is entitled to decree as prayed for.

3. The defendants have not appeared before this Court and they were set exparte by way of an order dated 24.03.2025 and thereafter, the matter was posted for trial. On the side of the plaintiff, he was examined as P.W.1 and marked Exhibits P.1 to P.12.

Ex.P.1 is the Photocopy of the Common Judgment passed in RCOP Nos.2261 of 2012 and 2167 of 2012 dated 22.11.2017 Ex.P.2 is the Photocopy of the Decree passed in RCOP No.2261 of 2012 dated 22.11.2017 Ex.P.3 is the Photocopy of the decree passed in RCOP No.2167 of 2012 dated 22.11.2017 Ex.P.4 is the certified copy of the