R.Mohan v. T.Ponmozhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and C.M.P.No.18808 of 2025 R.Mohan ... Petitioner Vs.

1.T.Ponmozhi 2.Thenarmozhi ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the docket order dated 26.06.2025 passed in E.P.No.113 of 2025 in R.L.T.O.P.No.129 of 2024 on the file of the XIV Court of Small Causes, Chennai.

For Petitioner :

Mr.S.Nagarajan

O R D E R

Challenging of the order of the XIV Court of Small Causes, Chennai, in E.P.No.113 of 2025 in R.L.T.O.P.No.129 of 2024, dated 26.06.2025, ordering delivery, the present revision has been filed by the tenant.

2.The rent control proceedings in R.L.T.O.P.No.129 of 2024 has been filed by the respondents for eviction of the petitioner under Sections 21(2)(a) and 21(2)(j) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter referred to as "the TNRRRLT Act"). By order dated 19.07.2024, the Rent Controller allowed the application qua Section 21(2)(a) and dismissed the application qua Section 21(2)(j) of the TNRRRLT Act. It appears that an appeal in R.L.T.A.No.163 of 2024 has been filed by the tenant. Meanwhile, execution has been levied by the landlord in E.P.No.113 of 2025 for delivery of possession. Since there was no stay granted to the execution proceedings, the Execution Court has ordered delivery by order dated 26.06.2025. Challenging the same, the present revision has been filed. 3.

Now, an affidavit of undertaking is filed by the petitioner/tenant before this Court undertaking that he will vacate and hand over vacant possession of the subject premises to the respondents/landlords within a period of six months. The affidavit of undertaking, dated 05.08.2025, filed by the petitioner is taken on record.

4.Though the petitioner/tenant has sought time for six months, this Court grants time till 31.12.2025 to vacate and hand over vacant possession of the subject premises to the respondents/landlords. It is made clear that, till the petitioner vacates the premises, the petitioner shall continue to pay the rent without any default and shall also pay the accrued arrears of rent, if any. Since this Court has granted time till 31.12.2025, the Execution Court shall not proceed with the execution proceedings till 31.12.2025. If the petitioner/tenant vacates before 31.12.2025, it is open to the parties to file a memo before the Execution Court so that the Execution Petition can be terminated. It is made clear that, if there is any violation as against the undertaking made before this Court, the petitioner will be proceeded for contempt of Court.

5.With the above directions, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. mkn 05.08.2025

Internet : Yes Index : Yes / No Speaking order : Yes / No To 1.The XIV Judge, Court of Small Causes, Chennai.

2.The Section Officer, VR Section, High Court, Madras.

N. SATHISH KUMAR, J.

mkn 05.08.2025