Hyder Ali Vs Abdul Wahid

This Civil Revision Petition has been filed under Article 227 of the Constitution of India to set aside the fair and decreetal order passed in RLTA Appeal 118 of 2024, order dated 16.04.2025, by XVII Addl. District and Sessions Court, City Civil Court, Singaravelar Maligai, Chennai confirming the order passed in RLTOP. No. 498 of 2021 on the file of the XIII Judge, Court of small causes Chennai dated 12.06.2024.

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For Petitioner : R.Sathiyamoorthy

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ORDER

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Challenging the concurrent findings of the Rent Court and the Rent Tribunal, Ordering eviction of the petitioner, the present Civil Revision Petition has been filed.

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The petitioner/tenant has been carrying on business in the ground floor

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of the premises bearing Door No.119 /59, Prakasam Salai, Chennai 600 018 on

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a contractual monthly rent of Rs.3300/- for non residential purposes. Since the respondent/landlord requires the said shop portion for his own business

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purposes, on several occasions, he demanded the petitioner/tenant to vacate and

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hand over the vacant possession. As the petitioner failed to do so, the respondent/landlord issued notice to the petitioner/tenant under Section 21(2)(g)

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of the New Act. Thereafter, after issuing a termination notice under Section 106 of Transfer of Property Act, he filed a petition for eviction. The Rent Court, by

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its order dated 12.06.2024 allowed the petition filed by the respondent/landlord

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for eviction. Against which, an appeal has been filed and the Rent Tribunal

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dismissed the appeal and confirmed the findings of the Rent Court. Challenging

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the concurrent finding of the Courts below, the present Civil Revision Petition

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has been filed.

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The revision petition is listed today for hearing on the question of

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admission.

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Heard Mr.A.Sathiyamoorlthy, for the revision petitioner/tenant and

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perused the available records carefully.

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When this Court was about to dismiss the revision petition at the

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admission stage itself, finding no merits in light of the settled position of law,

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though the learned counsel for the revision petitioner filed an affidavit sworn by

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the revision petitioner/tenant, seeking time for a period of 24 months.

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According to the revision petitioner, he had invested a substantial amount in the

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business being carried on at the premises and, therefore, requires time for 24

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months to vacate and deliver possession.

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Considering the affidavit filed by the petitioner, in view of the long

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dispute between the parties, 24 months time cannot be granted to the petitioner to vacate the premises. Hence, time is granted to the revision petitioner/tenant

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till 31.12.2025 to vacate and hand over vacant possession of the subject

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premises to the respondent/landlord and the affidavit filed in this regard is

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recorded .

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It is made clear that, in the event the revision petitioner/tenant violates

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the undertaking given before this court, he shall be liable to be proceeded

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against for contempt of Court for breach of the said undertaking. In addition, a suitable direction shall be issued to the Commissioner of Police, Chennai, to ensure that the revision petitioner/tenant, or any other person in occupation of

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the subject premises, is evicted forthwith and vacant possession is handed over

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to the respondent/landlord. Until the subject premises is vacated and vacant possession is handed over by the revision petitioner/tenant to the respondent/landlord, the revision petitioner/tenant shall continue to pay the agreed rent without any default.

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In the light of the above directions, this Civil Revision Petition is

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dismissed. Time is granted to the revision petitioner/tenant to hand over vacant possession of the subject premises to the respondent/landlord on or before 31.12.2025. The affidavit of undertaking filed by the revision petitioner/tenant dated 06.08.2025 shall form part of the record. There shall be no order as to

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costs. Consequently, connected miscellaneous petition is closed.

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06-08-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No mrp

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