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Madras High CourtCRP/3273/2025disposed of

Mohammed Hajali v. Durdana

2025-07-29Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRP No. 3273 of 2025 & CMP.No.18096 of 2025

1. Mohammed Hajali Shop No. BM15, Mezzanine Floor, Block-B, Old No. 33, New No. 24, Nawab Habibullah Electronic Market, Wallers Road, Mount Road, Chennai 002.

Petitioner(s) Vs

1. DURDANA c/o. Ashfaque Ahmed, No. 3/333, Rajaji Road, Panaiyur, Chennai 119 Respondent(s) PRAYER : Petition filed under Article 227 of Constitution of India to set aside the order dt. 06.01.2025 passed by XXI Additional City Civil Court, Allikulam, Chennai made in RLTA No. 41 of 2024 by reversing Fair and Decreetal order dated 22.11.2023 passed by XV Judge, Small Causes Court, Chennai made in RLTOP No. 28 of 2023.

For Petitioner(s):

D.Gopinathan For Respondent(s):

L.Dhamodharan

ORDER

Challenging the concurrent finding of the learned Rent Controller as well as the Appellate Court, Order eviction of the petitioner, the present Civil Revision Petition has been filed.

2. The petitioner has been inducted as a tenant by the respondent in respect of shop premises on a monthly rent of Rs.4000/-. The petitioner defaulted in payment of rent and he defaulted in payment of rent for the period from May 2021 to April 2022 and he also evaded to come forward to enter fresh lease agreement with the respondent inspite of repeated oral demands made by the respondent. Hence, the respondent initiated Rent Controller proceedings for eviction of the petitioner. The Rent Controller as well as the appellate authority Ordered eviction of the petitioner. Challenging the said concurrent finding, the present Civil Revision Petition has been filed.

3. When the Civil Revision Petition is taken up today, the learned counsel appearing for the petitioner filed an undertaking affidavit filed by the

revision petitioner stating that he will vacate the premises on or before 31.12.2025. The undertaking affidavit filed by the revision petitioner is taken on record.

4. In such view of the matter, the revision petitioner shall vacate the premises on or before 31.12.2025 and till such time, he shall continue to pay the rent. It is made clear that in the event of any violation of the undertaking given before this Court, the revision petitioner will be proceeded for contempt.

5. With the above directions, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 29-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To, The XXI Additional Judge, City Civil Court, Chennai. The XV Judge, Court of Small Causes, Chennai.

N.SATHISH KUMAR J.

29-07-2025