Mrs.P.Vitto Bai v. C.Padmavathi Chandrasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP (NPD) No. 488 of 2018 and CMP. No. 2547 of 2018

1. P. Vitto Bai

2. P. Sathyaraj .. Petitioners Vs C. Padmavathi Chandrasekaran .. Respondent PRAYER: This Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 (as amended), to set aside the order and decree passed by the Appellate Authority (IX Judge, Court of Small Causes, Chennai) dated 21.11.2017 and made in RCA No. 625/2014 affirming the order and decree passed by the learned Rent Controller (XIV Judge, Court of Small Causes, Chennai) dated 23.09.2014 in RCOP No. 1537/2012.

For Petitioners : Mr. S. Sadasivan for M/s. D. Nandagopal For Respondent : Mr.C. Vigneswaran

O R D E R

This Civil Revision Petition is filed to set aside the order and decree passed by the Appellate Authority (IX Judge, Court of Small Causes, Chennai) dated 21.11.2017 in RCA No. 625/2014 affirming the order and decree passed by the learned Rent Controller (XIV Judge, Court of Small Causes, Chennai) dated 23.09.2014 in RCOP No. 1537/2012.

2. Today, the learned counsel for the petitioners filed an Undertaking Affidavit dated 27.02.2018 stating that the petitioners will vacate the demised premises and hand over the vacant possession to the respondent, within a period of eight months i.e. on or before 31.10.2018.

3. Recording the undertaking affidavit dated 27.02.2018 of the petitioners, the Civil Revision Petition is disposed of and the shall form part of the records. The petitioners are directed to pay the future rents to the respondent on or before 5th day of every calender month. It is open to the respondent to withdraw the amount deposited by the petitioners towards the rent, by filing appropriate application before the court below. The learned counsel for the respondent fairly conceded that at the time of vacating the premises, the advance amount will be

settled to the petitioners. In case of any default committed by the petitioners, the respondent is at liberty to proceed further, in accordance with law. Consequently, the connected Miscellaneous Petition is closed. No costs.

05.03.2018 Index: Yes/ No Speaking Order/Non Speaking Order avr [Issue order copy on 26.04.2018] To

1. The IX Judge, Court of Small Causes, Chennai.

2. The XIV Judge, Court of Small Causes, Chennai

D. KRISHNAKUMAR J., avr CRP (NPD) No. 488 of 2018 and CMP. No. 2547 of 2018 05.03.2018