J.Prabhakar Vs P.Saravana Prasad

Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act XVIII of 1960, as amended by Act 23 of 1973, praying to set aside the order and decreetal order dated 18.12.2023 passed in R.C.A.No.353 of 2019 (on the file of IX Court of Small Causes,

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Chennai.

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

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CRP NO. 1432 of 2024

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For Petitioner(s): M/s.R.V.Rukmani For M/s.P.B.Ramanujam Associates

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For Respondent(s): M/s.S.William, A.Jenifer W.J.S.Prabhu, For Sole Respondent

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ORDER

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Having suffered an order of eviction, the petitioner, who is the tenant, has filed this revision petition.

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The learned counsel for the petitioner would submit that the

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petitioner/tenant has undertaken to vacate and handover the possession of the decree holder on or before 31.10.2025 and also filed an affidavit of undertaking.

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The learned counsel for the respondent/Landlord would also

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submit that the Civil Revision Petition may be allowed by taking into consideration the undertaking filed by the petitioner, which is extracted herein for ready reference:-

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“ J.Prabhakar, S/o.Shri.R.Jayaveerapandian, aged 49 years, residing at No.2/12, 'Orhad Manor Apartments' (Opp to 'C1 Flats'), No.2, Diwan Rama Road,

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CRP NO. 1432 of 2024

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Purasawalkam, Chennai-600 084, do hereby solemnly affirm and sincerely state as follows:-

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I am the Revision Petitioner in the captioned Revision Petition.

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I respectfully submit that I have preferred the captioned Revision Petition challenging the Order and Decreetal order dated 18.12.2023 passed in R.C.A.No.353 of 2019 (on the file of IX Court of Small Causes, Chennai), partly reversing the Fair and Decreetal order dated 11.01.2019 passed in R.C.O.P.No.500 of 2017 (on the file of XI Court of Small Causes, Chennai).

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I respectfully submit that I am a lawful tenant in occupation of the petition premises, namely No.2/12, 'Orchad Manor Apartments' (opp. To 'C1 Flats'), No.2, Diwan Rama Road, Purasawalkam, Chennai-600 084; and I have been paying the monthly rents to the respondent without any default or delay, whatsoever. In this backdrop, I hereby undertake to -

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A. To vacate and handover vacant possession of the petition premises to the Decree Holder on or before 31.10.2025.

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B. To continue to pay the monthly rents (at the rate of Rs.16,500/-) till such date of vacating and handing over vacant possession of the tenanted premises to the respondent.

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C. To continue to keep the petition premises in good order and condition, without causing any damage to the same intentionally or negligently and continue to pay the electricity consumption charges also to the concerned department, till such date of vacating and handing over vacant possession of the petition premises to the respondent.”

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I therefore respectfully pray that this Hon'ble Court

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CRP NO. 1432 of 2024

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may be pleased to record this Affidavit of Undertaking and grant time to vacate and handover vacant possession of the petition premises till 31.10.2025 and thus render justice. “

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In view of the above, the revision petition stands disposed of on

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the terms of the undertaking filed by the petitioner. The said affidavit of Undertaking shall form part of the court records and it is made clear that if the petitioner does not adhere to the undertaking filed by him, he will be liable for contempt.

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