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Madras High CourtCRP/771/2024dismissed

S. Kamalesh v. Babulal Jain

2025-11-25Honourable Mr.Justice P.B. Balaji7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP Nos. 771 and 774 of 2024 and CMP No.3807 of 2024 S.Kamalesh Petitioner in both the revisions Vs Babulal Jain Respondent in both the revisions CRP No.771 of 2024:

Revision filed under Article 227 of Constitution of India against the fair and decreetal order dated 04.10.2023 passed in RLTA No.100 of 2022 by the learned VII 1/7

Additional District Judge, City Civil Court, Chennai confirming the fair and decretal order passed in MP No.1 of 2022 in RLTOP No.621 of 2021 dated 27.06.2022 on the file of learned X Judge, Court of Small Causes, Chennai. CRP No.774 of 2024:

Revision filed under Article 227 of Constitution of India against the fair and decreetal order dated 04.10.2023 passed in RLTA No.110 of 2022 by the learned VII Additional District Judge, City Civil Court, Chennai confirming the fair and decretal order passed in RLTOP No.621 of 2021 dated 16.08.2022 on the file of learned X Judge, Court of Small Causes, Chennai.

For Petitioner :

Mr.Ashok Menon 2/7

For Respondent :

Mr.T.Srikanth COMMON

ORDER

After hearing the learned counsel for the petitioner and the learned counsel appearing for the caveator, finding that there is no merit in the revisions, I was inclined to dismiss the revisions. However, Mr.Ashok Menon, learned counsel for the revision petitioner seeks reasonable time to be given to the petitioner/tenant to vacate the premises and therefore, the matter was adjourned for passing orders.

2. Today, the petitioner/tenant has filed an affidavit of undertaking, undertaking to vacate the premises, which is the subject matter of the above 3/7

two revisions, and hand over the vacant possession to the respondent/landlord on or before 31.07.2026. The affidavit dated 24.11.2025 is recorded. It is made clear that the petitioner shall not be entitled to seek any further extension of time as even the request for time upto 31.07.2026 was seriously opposed by the respondent/landlord. It is also made clear that till such time the petitioner vacates, the petitioner shall pay monthly rent without any default and shall also not induct third parties into possession.

3. The issue of refund of advance and arrears of rent, if any shall be independently sorted out by the parties and it is open to the petitioner to make a request to the respondent/landlord to adjust the rents upto 31.07.2026 and refund the excess advance immediately in order to enable the petitioner to 4/7

meet his daughter's marriage expenses.

4. With the above observation and direction, the civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

25-11-2025 Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order sr 5/7

To 1.VII Additional District Court, City Civil Court, Chennai 2.The X Judge, Court of Small Causes, Chenni 6/7

P.B.BALAJI.,J sr 25.11.2025 7/7