##PAGE1## ##PAGE2##

CRP(MD). No.3844 of 2025

ORDER

This Civil Revision Petition has been filed challenging the order

made in RCA.No.12 of 2023 dated 19.09.2025 on the file of the Rent

Control Appellate Authority (Principal Sub Judge), Madurai in I.A.No.68

of 2022 in RCOP.No.182 of 2011 on the file of the Principal District

Munsif, Madurai.

2.The petitioner herein is the tenant in R.C.O.P.No.182 of 2011 on

the file of the Rent Controller/District Munsif Court, Madurai Town. One

Dhanalakshmi, who died, through her power of attorney, namely,

B.Umadevi, who is the second respondent herein/landlord, has filed the

above said Rent Control Petition for evicting the petitioner from the

scheduled property. Pending RCOP., questioning the maintainability of

RCOP., the petitioner/tenant has preferred an application in I.A.No.68 of

2022 before the Principal District Munsif Court, Madurai Town and the

same was dismissed on 14.12.2022. Challenging the same, the

petitioner/tenant has filed an appeal in RCA.No.12 of 2023 before the

Rent Control Appellate Authority/Principal Subordinate Judge, Madurai,

who had concurred with the findings of the Rent Controller and

2/7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/02/2026 11:08:59 am )

##PAGE3## ##PAGE4## ##PAGE5##

CRP(MD). No.3844 of 2025

8.It is settled that the tenant has no right to question the ownership

and seek dismissal of RCOP on the ground of maintainability. The law is

clear on this point. The principle of estoppel applies, preventing the

tenant from denying the landlord's title or questioning the RCOP's

maintainability. This principle ensures that the tenants respect the

landlord-tenant relationship. The trial Court has rightly rejected the

petitioner's contentions. The tenant cannot dispute the ownership to

thwart eviction proceedings. If the petitioner has any grievance with

regard to the ownership of the superstructure, it would have been

appropriate for him to raise the same as a ground in the main RCOP

proceedings itself.

9.Further, from the perusal of papers, it is seen that on the ground

of questioning the maintainability of RCOP, the petitioner had already

filed a petition, which was dismissed and this is the second round of

litigation. The law is clear on this point also, in the principle of res

judicata. When the petitioner's earlier petition challenging the RCOP's

maintainability was dismissed by a Court, he/she cannot re-agitate the

very same issue again. This is a settled principle of law, aimed at

5/7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/02/2026 11:08:59 am )

##PAGE6## ##PAGE7## Click Here to Read the rest of this document