(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 11.02.2026 passed in RCA No.15 of 2024 by the Rent Control Appellate Authority (Principal Subordinate Judge), Coimbatore reversing the fair and decretal order dated 19.10.2022 passed in RCOP No.143 of 2014, by the Rent Controller (Principal District Munsif) Coimbatore.)

1. Heard Mr. K. Govi Ganesan, learned counsel for the revision petitioner/tenant and Mr.N. Gokula Rao, learned counsel for the respondent/landlord.

2. With the consent of both parties, the civil revision petition is taken up for final hearing.

3. The petitioner/tenant challenges the order of eviction dated 11.02.2026 passed in R.C.A. No. 15 of 2024 by the learned Rent Control Appellate Authority (Principal Subordinate Judge), Coimbatore reversing the order dated 19.10.2022 dismissing the eviction petition filed in in RCOP No. 143 of 2014 by the learned Rent Controller (Principal District Munsif), Coimbatore.

4. The respondent/landlord sought for eviction on the grounds of wilful default under Section 10(2)(i), owner’s occupation under Section 10(3)(a) (iii) and demolition and reconstruction under Section 14(b) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The Rent Controller dismissed the eviction petition on all the three grounds. However, the Rent Control Appellate Authority reversed the finding of the Rent Controller and ordered eviction on the grounds of wilful default and owner’s occupation, while confirming the dismissal of the eviction petition insofar as the ground of demolition and reconstruction of the premises was concerned.

5. After hearing the elaborate submissions of the learned counsel on either side, I do not find any illegality or infirmity in the order passed by the learned Rent Control Appellate Authority reversing the findings of the learned Rent Controller dismissing the eviction petition on the grounds of wilful default in payment of rent and also owner’s occupation. There is no mis-appreciation of evidence or perversity in the findings in the light of the evidence adduced and pleadings on record warranting interference under Section 25 of Tamil Nadu Buildings (Lease and Rent Control)Act, 1960.

6. At the time of admission of the civil revision petition, it was brought to the notice of this Court by the learned counsel for the revision petitioner that the respondent had approached the Rent Authority, (Revenue Divisional Officer, Coimbatore (North)), who is appointed under the provisions of new Rent Legislation, namely, ‘Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017’ (in short ‘ TNRRRLT Act’) and had obtained an order fixing the fair rent by proceedings in K/K:/926/2022/m2 dated 28.03.2024. After hearing the learned counsel for the parties, I held that the proceedings before the Rent Authority were clearly vitiated and unsustainable for more than reason. Firstly, I held that the Rent Authority does not have the power to fix the fair rent, which was available to the Rent Controller under the provisions of earlier Rent Regulation (Act 18 of 1960). Secondly, having obtained an order of eviction before the Rent Control Appellate Authority under the old Rent Control Act, the respondent/landlord could not have initiated fresh proceedings under the new Rent Legislation, which, in fact, prohibits such invocation of Act against a tenant, who had suffered an order of eviction under the old Rent Control Act. In fact, Section 2(n) of TNRRRLT Act, 2017, while defining a ‘tenant’, categorically and specifically excludes a person against whom an eviction order has already been passed. Therefore, the proceedings in K/K:/926/2022/m2 dated 28.03.2024 passed by the Rent Authority is hereby set aside.

7. As on date, it is an admitted fact that the petitioner is not in arrears of rent and she is yet to pay the rent only for the month of September,2026, payable in October, 2026. That apart, learned counsel for the petitioner submits that the petitioner is in occupation of the tenanted premises for 12 years and she seeks four months time to vacate and hand over possession and undertakes that she would not commit default and would pay rents in advance and also hand over possession of the tenanted premises positively to the respondent/landlord without driving him to pursue execution proceedings. She further undertakes not to induct any third parties into possession.

8. Learned counsel for the respondent/landlord fairly agreed to the time frame that is sought for by the petitioner/tenant to vacate though he objected on the ground that the petitioner is continuing to be in possession for more than a decade. Learned counsel for the respondent also brought to the notice of this Court that the extent of the tenanted premises is only 890 sq.ft and it is shown as blue shaded region in the satellite view of the suit schedule property. The adjoining portion marked as ‘A’ belongs to the respondent/landlord and in respect of the remaining areas other than blue shaded area marked as ‘B’, the respondent has already obtained possession. There has been wild and extensive growth of vegetation regarding which the Corporation of Coimbatore has called upon the respondent to take immediate steps to clear the said vegetation as it causes pollution and lot of nuisance to the neighbourhood. Learned counsel for the respondent, therefore, sought permission to take necessary steps to clear the vegetation in the portion adjoining the tenanted premises, shown as yellow hatched area and also to carry out necessary soil tests.

9. Mr.K. Govi Ganesan, learned counsel for the petitioner fairly submits that as long as the blue shaded area marked as ‘B’, which is now under the occupation of the petitioner, is not disturbed or interfered with till 31.01.2027, the petitioner/tenant has no objection for the necessary cleaning and soil tests to be carried out by the respondent/landlord in respect of the yellow hatched area.

10. Learned counsel for the respondent/landlord also fairly states that there is a dilapidated bathroom measuring an extent of 50 sq.ft, falling inside the portion marked as ‘A’, which is being used by the tenant and he undertakes that the said dilapidated and partly demolished bathroom area will also not be disturbed by the respondent/landlord to enable access and use by the petitioner/tenant.

11. The satellite view of the suit schedule property as well as the photographs showing the present condition shall form part of this order for ease of convenience and to carry out the observations and directions issued herein above.

12. The petitioner shall file an affidavit of undertaking within a period of one week after serving a copy, in advance, to the learned counsel for the respondent through e-mail or whatsapp, to comply with the following directions:

                   (i) To vacate and hand over vacant possession of the tenanted premises by 31.01.2027;

                   (ii) to pay the admitted rent of Rs.5,500/- in advance, on or before the 10th of the same month;

                   (iii) since the rent for the month of September, 2026 has not been paid, the petitioner shall pay rents for September and October, 2026, together on or before 10.10.20026 and in respect of the months of November, 2026, December 2026 and January, 2027, the sum of Rs.5,500/- towards rent shall be paid on or before the 10th of the respective months.

                   (iv) The undertaking affidavit shall be filed specifically stating that the possession of blue shaded portion marked as ‘B’ and the bathroom measuring 50sq.ft located near the ‘B’ portion shall be handed over, positively, to the respondent/landlord, without driving him to pursue execution proceedings and

                   (v) The petitioner shall also specify in the undertaking affidavit that she will not sublet the premises under her occupation and that she has no objection for the respondent/landlord to clear the vegetation in the portion adjoining the portion marked as ‘B’ and to conduct soil tests.

                   (vi) In the event of the undertaking not being filed, as indicated herein above, then the petitioner shall not be entitled to time till 31.01.2027 and the respondent is at liberty to proceed with the Execution Petition.

13. The civil revision petition stands disposed of accordingly. No costs. Connected C.M.P. is closed.