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2026:MHC:390

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Order reserved on : 19.01.2026 Order pronounced on : 30.01.2026

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI

CRP.No.6169 of 2025

& CMP.No.30290 of 2025

Deputy General Manager,

Oriental Insurance Company Limited,

Regional Office, III Floor, Cheran Towers,

No.82, Government Arts College Road,

Coimbatore – 641 018. ... Petitioner

Vs.

Sivakumar ... Respondent

Prayer: Civil Revision Petition filed under Section 115 of CPC, to set aside

the order dated 15.10.2025 made in R.E.P.No.84 of 2023 in R.C.O.P.No.62

of 2012 on the file of the III Additional District Munsif Court, Salem.

For Petitioner : Mr.A.Thayaparan

For Respondents : Mr.R.Nalliyappan

ORDER

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The revision petitioner is the judgment debtor/tenant, against whom

R.E.P.No.84 of 2023 has been filed for executing the order, fixing a fair rent

in R.C.O.P.No.62 of 2012.

2.I have heard Mr.A.Thayaparan, learned counsel for the revision

petitioner and Mr.R.Nalliyappan, learned counsel for the respondent.

3.Mr.A.Thayaparan, learned counsel for the petitioner would state

that under Section 4, the duty of the Rent Controller is to only fix the fair

rent payable for the tenanted premises and when it comes to recovery of the

fair rent fixed by the Court, it is only the Civil Court, which has to be

approached. However, pointing out to the manner in which the order fixing

fair rent has been attempted to be executed even before the Rent Controller,

the learned counsel for the petitioner would state that the very execution

petition was not maintainable and is liable to be dismissed in limini. He

would therefore state that the order attaching the property beloning to the

revision petitioner was clearly without jurisdiction and liable to be set aside.

4.The learned counsel for the petitioner has relied on the decision of

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Life Insurance Corporation of India Vs. India

the Hon'ble Supreme Court in

Automobiles and Co., and others (1990) 4 SCC 286

, reported in , where the

Hon'ble Supreme Court held that Section 4 of the Tamil Nadu Buildings

(Lease and Rent Controal) Act provides only a machinery for fixation of fair

rent in respect of the tenanted premises, and that it is only the quantum of

fair rent that arises for determination by the Rent Controller. The Hon'ble

Supreme Court further held that for recovery of the arrears of rent, the

landlord will have to necessarily invoke the general law and file a suit for

arrears of rent.

5.Per contra, Mr.R.Nalliyappan, learned counsel for the respondent

would state that the executing Court has passed a well considered order,

after taking into account the objections of the revision petitioner with regard

to the maintainability of the execution petition as well. He would therefore

state that no interference is warranted with the said order passed by the

executing Court. The learned counsel for the respondent would rely on the

Purni Devi and another Vs. Babu

decision of the Hon'ble Supreme Court in

Ram and another 2024 (5) CTC 748

, reported in , where the Hon'ble

Supreme Court held that in such cases where a wrong forum has been

approached, Section 14 of the Limitation Act can be availed of by the

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aggrieved party. He would therefore pray for dismissal of the revision

petition.

6.I have carefully considered the submissions advanced by the learned

counsel on either side.

7.The respondent filed R.C.O.P.No.62 of 2012 for fixation of fair

rent. The Rent Controller fixed a fair rent and the Appellate Authority

dismissed the appeal preferred by the revision petitioner. Thus, the fair rent

has become final. In order to recover the fair rent, the respondent has

approached the Rent Controller in R.E.P.No.84 of 2023. Under the Rent

Control Act, the Rent Controller only determines the fair rent payable for

the tenanted premis