Singaram Pillai Matriculation Higher Secondary School Vs K.Sudarshan Babu

This petition has been filed to set aside the order and decree dated 17.10.2024 passed in RCA No.22 of 2024 by the learned IX Small Causes Court, Rent Control Appellate Authority at Chennai and confirming the order and decree dated 24.11.2023 passed in RCOP No.114 of 2017 by the learned XIV Small Causes Court at Chennai.

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2.The landlord has filed R.C.O.P.No.114 of 2017 under Section 10(2)(i) of the Tamilnadu Buildings (Lease and Rent Control) Act seeking for eviction on the ground of willful default. The Rent Controller by order dated 24.11.2023 ordered eviction and directed to hand over vacant possession within two months. Against the same, the Revision Petitioner/tenant has preferred an appeal in RCA No.22 of 2024 on the file of the learned IX Judge(FAC), Court of Small Causes, Chennai. The Appellate authority, vide order dated 17.10.2024 had dismissed the Appeal,

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https://www.mhc.tn.gov.in/judis

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C.R.P.No.1183 of 2025

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confirming the order of the learned XIV Judge(FAC), Court of Small Causes, Chennai. Against which, the present revision has been filed.

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3.Pending revision, the petitioner /tenant has filed an affidavit of undertaking to vacate and hand over the possession of the keys with respect to the schedule mentioned property described in R.C.O.P.No.114 of 2017 on the file of the XIV Judge(FAC), Court of Small Causes, Chennai, to the respondents, namely, Mr.K.Sudarshan Babu and K.Srivivasulu on or before 31.07.2025.

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4.The learned counsel for the petitioner would submit that the petitioner School is represented by its Correspondent, who had agreed and undertaken to vacate and hand over the possession of the schedule mentioned property. He has also filed an affidavit of undertaking to that effect and he would seek that revision may be disposed of based on the affidavit of undertaking dated 15.04.2025.

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5.The learned counsel for the respondents would also accede and submit that the revision may be disposed of in terms of the affidavit of

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C.R.P.No.1183 of 2025

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undertaking dated 15.04.2025 which is extracted hereunder:

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AFFIDAVIT OF M.P. KAILASH

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I, M.P. Kailash, son of Mr. Pinagapany, aged about 68 years, Correspondent of Singaram Pillai Matriculation Higher School at 274/1, M.T.H. Road Villivakkam, Chennai 600 049 do hear by solemnly affirms and sincerely states as follows

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It is submitted that I am the Revision Petitioner herein and the Appellant in R.C.A. No. 22 of 2024 on the file of the IX Small Cause Court, Chennai and Respondent in R.C.O.P. No. 114 of 2017 on the file of XIV Small Cause Court, Chennai and as such I am well acquainted with the facts and circumstances of the case.

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It is submitted that i (i.e.) myself in the capacity of Correspondent to the Revision Petitioner School decided and hereby conform that the peaceful vacant possession and the key of the schedule mentioned property described in R.C.O.P. No. 114 of 2017 on the file of XIV Small Cause Court, Chennai shall be handed over to the Respondents more particularly to 1. K. Sudarshan Babu and 2. K. Srinivasulu on or before 31st July 2025 the same is informed to the respondents.

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It is therefore humbly submitted to this Honorable Court that myself in the capacity of Correspondent to the Revision Petitioner School hereby conform that the peaceful vacant possession and the key of the schedule mentioned property described in R.C.O.P. No. 114 of 2017 on the file of XIV Small Cause Court, Chennai shall be handed over to the Respondents more particularly to 1. K. Sudarshan Babu and 2. K. Srinivasulu on or before 31 July 2025 and the same may be recorded in the above C.R.P. (NPD) No. 1183 of 2025 and thus render justice.”

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C.R.P.No.1183 of 2025

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In view of the above, this Revision Petition is disposed of. The petitioner shall vacate and hand over the possession of the keys with respect to the schedule mentioned property to the respondents. Till such time, E.P.No.214 of 2025 on the XIV Judge(FAC), Court of Small Causes, Chennai shall be kept in abeyance. Consequently, connected miscellaneous petition is closed.

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