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CRP(MD). No.3845 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 19.12.2025

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

CRP(MD). No.3845 of 2025

and

CMP(MD) No.20252 of 2025

M.S.Muthu ... Petitioner

Vs

B.Dhanalakshmi Ammal (died)

1.Minor B.K.Dhevanand

through his mother and natural guardian

K.Susila

2.B.Umadevi ... Respondents

PRAYER :-Civil Revision Petition filed under Section 25 of the TN

Buildings (Lease and Rent) Control Act, 1960, to set aside the fair and

decreetal order passed in RCA.No.13 of 2023 dated 19.09.2025 on the

file of the Rent Control Appellate Authority (Principal Sub Judge),

Madurai in I.A.No.69 of 2022 in RCOP.No.166 of 2012 on the file of the

Principal District Munsif, Madurai.

For Petitioner : Mr.S.Arun Nithy

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CRP(MD). No.3845 of 2025

ORDER

This Civil Revision Petition has been filed challenging the order

made in RCA.No.13 of 2023 dated 19.09.2025 on the file of the Rent

Control Appellate Authority (Principal Sub Judge), Madurai in I.A.No.69

of 2022 in RCOP.No.166 of 2012 on the file of the Principal District

Munsif, Madurai.

2.The petitioner herein is the tenant in R.C.O.P.No.166 of 2012 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 fixation of fair rent to the subject

property from the date of filing of petition. Pending RCOP., questioning

the maintainability of RCOP., the petitioner/tenant has preferred an

application in I.A.No.69 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.13 of 2023 before the Rent Control Appellate

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CRP(MD). No.3845 of 2025

Authority/Principal Subordinate Judge, Madurai, who had concurred

with the findings of the Rent Controller and dismissed the appeal on

19.09.2025. Challenging the same, the present Civil Revision Petition

has been filed.

3.The learned counsel for the petitioner would submit that

Dhanalakshmi Ammal died on 27.06.2016 and being a power of attorney,

RCOP petition was filed by the second respondent herein. He would

further submit that even though it is the claim of the second respondent

that Dhanalakshmi Ammal had executed a power of attorney in her

favour in 2009, in the year 2007 itself, Dhanalakshmi Ammal had already

executed a settlement deed in favour of her grandson, namely,

B.K.Dhevanand, who is the first respondent herein.

4.It is the main contention of the learned counsel for the petitioner

that since a sale deed was executed in favour of the first respondent, who

is the absolute owner of the subject property, by the very same

Dhanalakshmi Ammal, the second respondent cannot initiate RCOP

proceedings as against the petitioner, as she has no locus standi to file

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CRP(MD). No.3845 of 2025

the same and it is not at all maintainable. Hence, he prays for appropriate

orders.

5.Heard the learned counsel for the petitioner and perused the

records. Since no adverse order is going to be passed in this petition,

notice to the respondents is dispensed with.

6.Admittedly, questioning the maintainability of R.C.O.P.No.166

of 2012 filed by the second respondent/power agent of Dhanalakshmi

Ammal, for the relief of fixation of fair rent of the subject property, the

petitioner/tenant has preferred an application in I.A.No.69 of 2022 before

the Principal District Munsif Court, Madurai Town and the same was

dismissed on 14.12.2022 stating that the petitioner has no right to

question the ownership of the subject property and the first appellate

Court had also concurred with the findings of the Rent Controller, which

is under challenge in th