M/S.Chennai Cycle Shop v. Y.Rajeevi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and C.M.P.No.10996 of 2024 M/s.Chennai Cycle Shop, Rep. By its Partnership 1.Mr.Mohd Aejez Ahmad 2.Mr.Syed Ameer Both at Old Door No.151/2, New Door No.314, Royapettah High Road, Mylapore, Chennai - 600 004.
... Petitioner Vs.
Y.Rajeevi ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order [web copy] dated 10.04.2024 in RLTA.No.170 of 2023 on the file of the the learned II Additional Judge, City Civil Court, Chennai confirming the order dated 19.04.2023 passed in R.L.T.O.P.No.221 of 2022 on the file of the XV Judge, Small Causes Court, Chennai.
For Petitioner : Mr.K.R.Ramesh Kumar for Mr.M.Murali For Respondent : Mr.Prakash Goklaney Page No.1 of 8
ORDER
This civil revision petition is filed to set aside the order dated 10.04.2024 on the file of the the learned II Additional Judge, City Civil Court, Chennai confirming the order dated 19.04.2023 passed in R.L.T.O.P.No.221 of 2022 on the file of the XV Judge, Small Causes Court, Chennai.
2.The contention of the learned counsel for the petitioner/tenant in R.L.T.O.P.No.221 of 2022 on the file of the XV Court of Small Causes, Chennai faced a prosecution by the respondent/landlord for carrying out demolition and reconstruction of the schedule building, which was constructed in the year 1944. with lime and mortar and seeking the relief under Section 21(2)((a) and (e) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 [TNRRRLT Act]. By judgment and decree dated 20.02.2023, the prayer sought for under Section 21(2)(a) of TNRRRLT Act was allowed and as regards the prayer sought for under Section 21(2)(e) of TNRRRLT Act was dismissed with a direction to Page No.2 of 8
the petitioner to vacate and hand over vacant possession of the petition premises to the respondent within one month from the date of the order. Aggrieved against the same, the petitioner preferred an appeal in R.L.T.A.No.170 of 2023. The Appellate Authority by judgment dated 10.04.2024 dismissed the appeal by confirming the order passed in R.L.T.O.P.No.221 of 2022. Thereafter, the respondent/landlord filed a petition in E.P.No.703 of 2023 seeking delivery and possession as per the judgment in R.L.T.O.P.No.221 of 2022 and the petitioner resisted the same. He would submit that the petitioner filed a memo before the EP Court seeking adjournment by stating that the petitioner decided to file an appeal before this Court and to get an order of stay of EP proceedings.
But the EP Court not considered the same and recorded that mere filing of appeal or Civil Revision Petition will not automatically stay or cause impediment to the execution proceedings. Further, it is recorded that as per Section 39 of the TNRRRLT Act, the EP shall dispose the execution petition within 30 days from the date of service of notice on opposite party, hence delivery of vacant premises is ordered and delivery by 20.06.2024. Having no other option, the petitioner preferred the present petition. Page No.
3.The learned counsel for the respondent/landlord submitted that the petitioner represented to the respondent stating that they would hand over the vacant possession and sought some time and his request was considered. Later, it came to know that the petitioner's true intention is not to hand over vacant possession and only to delay the process in EP Court, hence steps taken and now delivery of vacant premises ordered. 4.At this stage, the learned counsel for the petitioner submitted that the petitioner is ready to hand over vacant possession and his only request is that he needs some time to hand over the vacant possession by 25.03.2025, an affidavit filed to that effect and a copy of the same served to the respondent/landlord who is agreeable to the same. A scanned reproduction of the affidavit is as follows:
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5.Recording the above, the Civil Revision Petition stands disposed of. Consequently, after the petitioner vacates the premises on 25.03.2025 the proceedings before the EP Court in E.P.No.703 of 2023 shall stand terminated. No costs. Consequently, connected miscellaneous petition is closed.
26.07.2024 Index : Yes/No Speaking Order/Non Speaking Order cse To 1.The XV Judge, Small Causes Court, Chennai.
2.The II Additional Judge, City Civil Court, Chennai.
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M.NIRMAL KUMAR, J.
cse 26.07.2024 Page No.8 of 8