P.Muthulakshmi v. Umamaheswari
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2025
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA P.Muthulakshmi ... Petitioner Vs.
Uma Maheswari ...Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the rejection order in R.L.T.O.P. (SR) No.9220 of 2024 dated 04.02.2025 on the file of the learned X Small Causes Court, Chennai.
For Petitioner : Mr.S.Haja Mohideen Gisthi For Respondents : Mr.K.Elangovan
O R D E R
The civil revision petition has been filed by the landlord against the
rejection of the petition filed under Section 21(2)(a) &(2)(g) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (As amended).
2. Pending CRP, the parties have entered into a compromise. The respondent tenant has filed an affidavit of undertaking before the court, undertaking to vacate and handover possession of the house by 30.07.2025. It is also stated that at the time of handing over of the premises, the security deposit of Rs.75,000/- should be returned to her, after deducting the rental arrears, if any, at the time of vacating.
3. Learned counsel for the respondent also submitted that the premises would be handed over to the landlord, without any damage.
4. Counsel appearing for both parties would submit that the affidavit of the respondent may taken on record and the revision may be disposed based on the affidavit of undertaking. The affidavit of the respondent tenant
is extracted hereunder:
"I, Mrs.N.Uma Maheswari, W/o.B.Anantha Krishanan, Hindu, aged about 47 years, residing at No.8/19, Arunachalam Street, Shoney Nagar, Chennai-600 030. I do hereby solemnly affirm and sincerely state as follows:
1. I State that I am the Respondent herein and as such I am well acquainted with the facts and circumstances of the case.
2. I state that the petitioner had preferred an Civil Revision Petition before this Hon'ble Court challenging the order passed by the Trial Court in R.L.T.O.P.(SR). No.9220/2024 (On the file of the Hon'ble X Small Causes Court, Chennai). I further state that during the pendency of proceedings the issue was amicably resolved between us.
3. I further state that the said order under challenge was filed by the petitioner with regard to a relief pertaining to Evict me from the residential property belongs to the Petitioner. I further state that I had purchased a residential house on 17.02.2025 and the said property is under material alterations. I further state that the construction work was scheduled to be completed by 18.08.2025. Therefore I intend to vacate the residential premise by 30.07.2025 occupied by me for monthly rent by 30.07.2025.
3.I further state that till date I am paying the Monthly rent to the petitioner without any default. Moreover the Petitioner is having the security deposit of Rs.75,000/- i.e., advance
consideration paid towards the residential pemise by me which shall be returned at the time of hand overing the keys i.e., 30.07.2025.
4. I further state that the premise will be handed over to the Landlord without any damage. In these circumstances it is prayed that this Hon'ble court may be pleased to accept the affidavit filed by me and pass such other order as this Hon'ble Court may deem fit and proper upon the circumstances of the cases and thus render justice."
5. The affidavit of the respondent is taken on record and the revision stands disposed of accordingly.
6. The respondent shall vacate and handover possession to the landlord on or before 30.07.2025.
7. List the matter 'for reporting compliance' on 05.08.2025. 28.03.2025 Index: Yes/No
Internet: Yes/No mrn To The X Small Causes Court, Chennai.
A.D.JAGADISH CHANDIRA, J.
mrn
28.03.2025