Dismissed¶24

S.Hemanth Kumar v. D.Sathish Kumar

Madras HC8 Oct 2025CRP/1840/2023

Case brief

AI extract

What is this about?

Keywords: Civil Revision Petition dismissed; Section 25 Tamil Nadu Buildings (Lease and Rent Control) Act 18 PF 1960 amended by Act 23 of 1973; Court of Small Causes Chennai; R.C.O.P.No.1546 of 2015; R.C.A.No.815 of 2018; appellate order dated 28.02.2023 reversed; affidavit of undertaking to vacate; voluntary surrender of tenancy conditioned on finality of RCOP.No.1550 of 2015; eviction through Court process; connected C.M.P.No.11797 of 2023 closed; no costs; High Court of Judicature at Madras; Justice P.B.Balaji.

What did the court decide?

The Court recorded the petitioner's affidavit of undertaking to vacate the petition premises (the subject matter of RCOP.No.1546 of 2015) voluntarily within one month from the date when RCOP.No.1550 of 2015 reaches finality and the tenant therein vacates the petition premises. ¶21

S.Hemanth Kumar Vs D.Sathish Kumar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶24

Issue for consideration

Whether the Civil Revision Petition seeking to set aside the order dated 28.02.2023 passed by the Appellate Authority (VIII Judge, Court of Small Causes, Chennai) in R.C.A.No.815 of 2018, which reversed the order dated 28.04.2018 of the XV Judge, Court of Small Causes, Chennai in R.C.O.P.No.1546 of 2015, should be allowed.

¶14

Court's answer

¶21

Ratio / Principle

On recording the said affidavit of undertaking, the Civil Revision Petition was dismissed.

¶24

Key takeaways

The petitioner shall vacate the tenanted premises within one month from the date on which the tenant in RCOP.No.1550 of 2015 is vacated or evicted through Court process; consequently, the connected Miscellaneous Petition was closed with no costs.ratio¶24

Detailed headnote1 paragraphs

Madras High Court (P.B.Balaji, J., order dated 08.10.2025) dismissed C.R.P.No.1840 of 2023 (S.Hemanth Kumar v. D.Sathish Kumar, D.Kanchana Mala, D.Padmini and D.Rekha), filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 18 PF 1960 as amended by Act 23 of 1973, which sought to set aside the order dated 28.02.2023 of the Appellate Authority (VIII Judge, Court of Small Causes, Chennai) in R.C.A.No.815 of 2018 reversing the order dated 28.04.2018 of the XV Judge, Court of Small Causes, Chennai in R.C.O.P.No.1546 of 2015. Recording the petitioner's affidavit of undertaking to vacate the petition premises voluntarily within one month from the date when RCOP.No.1550 of 2015 reaches finality and the tenant therein vacates, the Court dismissed the revision and made it clear that the petitioner shall vacate the tenanted premises within one month from the date on which the tenant in RCOP.No.1550 of 2015 is vacated or evicted through Court process. The connected Miscellaneous Petition (C.M.P.No.11797 of 2023) was closed and there were no costs.

¶1

C.R.P.No.1840 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

Dated : 08.10.2025

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE P.B.BALAJI

¶6

C.R.P.No.1840 of 2023 and C.M.P.No.11797 of 2023

S.Hemanth Kumar

... Petitioner

Vs.

D.Sathish Kumar

¶11

D.Kanchana Mala

¶12

D.Padmini

¶13

D.Rekha ... Respondents

¶14

Civil Revision Petition filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act, 18 PF 1960 as amended by Act 23 of 1973, to set aside the order dated 28.02.2023 passed by the Appellate Authority namely VIII Judge, Court of Small Causes, Chennai passed in R.C.A.No.815 of 2018, reversing the order dated 28.04.2018 passed by the XV Judge, Court of Small Causes Chennai in R.C.O.P.No.1546 of 2015 and allow the above C.R.P.

¶15

For Petitioner : Mr.Bijai Sundar

¶16

1/4

¶17

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

¶18

C.R.P.No.1840 of 2023

¶19

For Respondents : Mr.N.R.R.Arun Natarajan

¶20

O R D E R

¶21

The petitioner has filed an affidavit of undertaking to vacate the petition premises, which is subject matter of RCOP.No.1546 of 2015, voluntarily within one month from the date when RCOP.No.1550 of 2015

¶22

reaches finality and the tenant therein vacates the petition premises.

¶23

Recording the said affidavit of undertaking, this Civil Revision

¶24

Petition is dismissed. It is made clear that that the petitioner shall vacate the tenanted premises within one month from the date on which the tenant in RCOP.No.1550 of 2015 is vacated or evicted through Court process. Consequently, the connected Miscellaneous Petition is closed. No costs.

¶25

08.10.2025

¶26

Index : Yes/No Neutral Citation : Yes/No Speaking/Non-Speaking Order kv

¶27

¶28

2/4

¶29

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

¶30

C.R.P.No.1840 of 2023

¶31