S Madasamy Vs Rm a Muthu

Revision filed under Section 25(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act against the fair and decreetal orders passed in RCA No.18 of 2023 dated 18.07.2024 on the file of Appellate Authority (VII Judge, Small Causes Court), Chennai

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in confirming the fair and decreetal orders passed in RCOP No.143/2018 dated 14.12.2022 on the file of Rent Controller (XV Judge, Court of Small Causes.

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For Petitioner(s): A. Muthukumar

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For Respondent(s): Mrs.AL. Gandhimathi Senior Counsel For Mr.Palani Muthu

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ORDER

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Heard Mr.A.Muthukumar, learned counsel for the petitioner/tenant and

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Mrs.AL.Gandhimathi, learned Senior Counsel appearing for the respondents/landlords .

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The petitioner/tenant has filed an affidavit of undertaking to vacate and

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hand over vacant possession to the respondents/landlords on or before 31.03.2026.

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Learned Senior Counsel appearing for the respondents/landlords, on

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instructions, states that an advance of Rs.27,000/-(Rupees Twenty Seven Thousand

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Only) is lying with the respondents/landlords and the same will be returned across the

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petitioner handing over the vacant possession on or before 31.03.2026. Learned Senior Counsel would also bring to my notice that the rents have been deposited by the petitioner before the Rent Controller under Section 8 (5) of Tamiil Nadu Buildings (Lease and Rent Control) Act, and permission may be given to the respondents/landlords to seek withdrawal of the same.

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It is needless to state that the respondents/landlords are entitled to payment

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out of the rents deposited by the petitioner in pursuance of the order passed in RCOP No.143 of 2018 which was filed by the revision petitioner under Section 8 (5) of Tamil

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Nadu Buildings (Lease and Rent Control) Act.

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In the light of the above, the civil revision petition is dismissed recording

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the affidavit of undertaking filed by the revision petitioner. The revision petitioner is

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granted time to vacate the tenanted premises and hand over vacant possession to the respondents/landlords on or before 31.03.2026.

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It is made clear that till such time the petitioner vacates and hand over vacant possession as indicated herein above, the petitioner shall promptly pay the admitted rents without any default and across handing over vacant possession, the respondents/landlords shall refund the advance of Rs.27,000/-(Rupees Twenty Seven Thousand Only).

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It is open to the respondents/landlords to take out an application for payment out in RCOP No.143 of 2018, seeking withdrawal of the rent deposited by the petitioner. The petitioner shall have no objection for the said application being ordered on such filing.

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P.B.BALAJI J.

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sr

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No costs. Consequently, connected miscellaneous petition is closed.

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09-12-2025

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