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Madras High CourtCRP/3033/2024disposed of

Champalal Otmal v. Rohan Maheswari

2024-08-09Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA and C.M.P.No.16319 of 2024 Champalal Otmal ... Petitioner Vs Rohan Maheswari ... Respondent PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to set aside the impugned order and judgment dated 15.02.2024 passed in RLTA No.153 of 2023 by the XXIII Additional City Civil Court, Chennai, confirming the judgment and decree passed in RLTOP No.523 of 2022 dated 17.03.2023 by the learned XV Small Causes Court, Chennai. For Petitioner :

Mr.Sanjay J.Rajpurohit For Respondent :

M/s.Shah and Shah 1 / 6

O R D E R

This Civil Revision Petition has been filed against the order dated 15.02.2024 passed by the XXIII Additional City Civil Court, Chennai, in RLTA No.153 of 2023, confirming the order passed by the XV Small Causes Court, Chennai in RLTOP No.523 of 2022 dated 17.03.2023.

2. The revision petitioner is a tenant and the respondent is a landlord. The petitioner was running his shop at the respondent's premises for rent at Shop No.5, Ground floor, No.33, Narayana Mudali Street, Raj Market, Chennai - 600 079. The learned XV Judge (FAC), Small Causes Court, Chennai, by an order dated 17.03.2023 in RLTOP No.523 of 2022 has ordered the eviction on the ground under Section 21(2) (a) Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 and directed the petitioner to vacate the premises and hand over the vacant possession to the respondent/landlord within one month from 17.03.2023. Aggrieved over the same, the petitioner has filed an appeal in RLTA No.153 of 2023 before the XXIII Additional City Civil Court, Chennai and the learned Appellate Judge, by an order dated 15.02.2024 has confirmed the order passed by the learned trial Judge and dismissed the appeal. Therefore, the present 2 / 6

revision petition has been filed by the petitioner against the dismissal orders.

3. The learned counsel for the petitioner has filed an Affidavit of Undertaking before this Court, in which, the petitioner undertakes to vacate the respondent's and hand over the possession of the same to the respondent/landlord within nine months.

4. The learned counsel for the respondent has also agreed to the said factum and also submitted that the respondent will not proceed with the Execution Petition.

5. Both the counsel appearing for the petitioner and the respondent submitted that in view of the undertaking given by the petitioner, this revision petition may be disposed of.

6. Taking into consideration the Affidavit dated 09.08.2024 filed by the petitioner and recording the submissions of the learned counsels on both sides, this Civil Revision Petition stands disposed of with a direction to the petitioner to 3 / 6

vacate the premises and hand over the vacant possession of the premises to the respondent on or before 15.05.2025.

7. The Affidavit of Undertaking dated 09.08.2024 filed by the petitioner shall form part of the Court records. Consequently, the connected miscellaneous petition is also closed. No costs.

8. Post the matter on 02.06.2025 'for reporting compliance'. 09.08.2024 Index : Yes / No ham 4 / 6

To

1. The XXIII Additional City Civil Court, Chennai.

2. The XV Small Causes Court, Chennai.

3. The Section Officer, VR Section, Madras High Court, Chennai.

5 / 6

A.D.JAGADISH CHANDIRA, J.

ham and C.M.P.No.16319 of 2024 09.08.2024 6 / 6