Case Note & Summary
The case involves a civil revision petition filed by G.Balakrishnan (petitioner/tenant) against P.Porkodi (respondent/landlord) challenging an eviction order. The petitioner had filed the revision under Article 227 of the Constitution of India to set aside the order dated 26.08.2025 passed in R.L.T.A. No.85 of 2024 by the XVII Addl. Judge, City Civil Court, Chennai, which confirmed the earlier order in RLTA No.494 of 2023 dated 24.11.2023 by the XIII Judge, Small Causes Court, Chennai. When the matter was posted for reporting compliance, both counsel informed the court that the tenant had vacated and handed over vacant possession. The respondent's counsel mentioned that arrears of two months' rent and electricity charges were pending. The court held that in view of the vacation, nothing survives for consideration in the revision petition and dismissed it as infructuous, leaving the issue of arrears open for the parties to settle. No costs were awarded.
Headnote
A) Civil Procedure - Infructuous Petition - Dismissal - Tenant vacating premises - Civil revision petition challenging eviction order becomes infructuous when tenant voluntarily vacates and hands over possession - Court dismissed the petition as nothing survives for consideration - Arrears of rent and electricity charges left open for parties to settle (Paras 2-3).
Issue of Consideration
Whether the civil revision petition survives for consideration after the tenant has vacated and handed over vacant possession.
Final Decision
The civil revision petition is dismissed as infructuous. The connected miscellaneous petition is closed. No costs. The issue of arrears of rent and electricity charges is left open for the parties to settle.
Law Points
- Civil revision petition becomes infructuous when tenant vacates and hands over possession
- leaving only ancillary issues like arrears to be settled by parties.
Case Details
2026 LawText (MAD) (01) 283
Mr.S.Sanjeevi, Mr.S.Aswin Karthikeyan
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Nature of Litigation
Civil revision petition under Article 227 of the Constitution of India challenging eviction orders passed by lower courts.
Remedy Sought
Petitioner sought to set aside the order and decree dated 26.08.2025 in R.L.T.A. No.85 of 2024 and the order dated 24.11.2023 in RLTA No.494 of 2023.
Filing Reason
Petitioner challenged the eviction orders passed by the lower courts.
Previous Decisions
The XIII Judge, Small Causes Court, Chennai passed order in RLTA No.494 of 2023 on 24.11.2023, which was confirmed by XVII Addl. Judge, City Civil Court, Chennai in R.L.T.A. No.85 of 2024 on 26.08.2025.
Issues
Whether the civil revision petition survives for consideration after the tenant vacates and hands over possession.
Submissions/Arguments
Both counsel stated that the tenant has vacated and handed over vacant possession.
Respondent's counsel submitted that arrears of two months' rent and electricity charges are pending.
Ratio Decidendi
A civil revision petition challenging an eviction order becomes infructuous when the tenant voluntarily vacates and hands over possession, as nothing survives for consideration. Ancillary issues like arrears are left open for parties to settle.
Judgment Excerpts
The learned counsel appearing on either side state that the tenant has vacated and handed over vacant possession.
In view of the above, nothing survives for consideration in this Civil Revision Petition and the same stands dismissed.
Procedural History
The petitioner filed CRP No. 5348 of 2025 under Article 227 of the Constitution of India to set aside the order dated 26.08.2025 in R.L.T.A. No.85 of 2024 passed by XVII Addl. Judge, City Civil Court, Chennai, which confirmed the order dated 24.11.2023 in RLTA No.494 of 2023 passed by XIII Judge, Small Causes Court, Chennai. The matter was posted for reporting compliance, and upon hearing both sides, the court dismissed the petition as infructuous.
Acts & Sections
- Constitution of India: Article 227
