Gandhi v. V.Dinakaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.B. BALAJI and C.M.P.No. 23304 of 2025 Gandhi .. Petitioner vs V.Dinakaran .. Respondent Prayer : Petition filed under Article 227 of the Constitution of India to set aside the order dated 21.06.2025 passed in R.L.T.A.No. 27/2025 on the file of the XVIII Additional City Civil Court at Chennai in confirming the order dated 13.08.2023 passed in R.L.T.O.P.No. 282 of 2023 on the file of XII Small Causes Judge, Chennai.

For Petitioner :

Mr.S.Thiruvengadam For Respondent :

Mr.T.N.Rangesh Kanna

ORDER

The petitioner / tenant has filed affidavit dated 25.09.2025. Paragraph 2 of the same is extracted below:- "2.I state that I undertake to vacate the tenanted premises which is the subject matter 1/4

in the present CRP within a period of one year from today and also undertake to pay monthly rent of Rs.5,000/- from this month onwards without any default."

2.

Recording the said undertaking, the petitioner is granted time till 24.09.2026 on condition that the petitioner pays a sum of Rs.5,000/- from September, 2025 (payable in October, 2025) and pay the said amount of Rs.5,000/- per month till such time he vacates and hand over the vacant possession not later than 24.09.2026.

3.

Learned counsel for the respondent states that the petitioner has not paid rent form more than five years. 4.

Learned counsel for the petitioner has stated that in compliance with judgment in O.S.No. 4709 of 2021, the petitioner has deposited the arrears of rent to the credit of the suit and he has no objection for the respondent to withdraw the same. 5.

However, learned counsel for the respondent states that the said suit was filed against the vendors and the respondent is not a party to the said suit.

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6.

I understand that the suit is still pending and, therefore, it is open to the respondent to get himself impleaded in the said suit and take out an application for withdrawal of the arrears of rent deposited by the petitioner to which he is entitled to from the date of his purchase. If any application is filed for impleadment and payment out, it cannot be opposed by the petitioner. In respect of any further arrears, it is open to the respondent to work out his remedy in accordance with law.

7.

This Civil Revision Petition stands disposed of granting time to vacate and hand over possession till 24.09.2026. No costs. Connected miscellaneous petition is closed.

25.09.2025 Index:Yes/No ssm To 1.The XVIII Additional City Civil Court at Chennai. 2.The XII Small Causes Judge, Chennai.

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P.B. BALAJI, J.

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