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Madras High CourtCRP/3759/2025disposed of

L.Mohammed Jahangeer, v. C.Sunandan,

2025-08-20Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 20.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN C.R.P. No. 3759 of 2025 and C.M.P.No. 20006 of 2025 L.Mohammed Jahangeer Rep.by Power of Attorney Agent Mohammed Nizam

...Petitioner

Vs 1.

C.Sunandan 2.

C.Kaliyan 3.

C.Parankusam

...Respondents

Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order passed by the XV Additional City Civil Court, Chennai in R.L.T.A.No.69 of 2025 dated 19.07.2025 confirming the fair and decreetal order passed by the learned XIV Judge, Small Causes Court, Chennai in R.L.T.O.P.No.177 of 2022 dated 31.01.2025.

For Petitioner : Mr.S.I.Sharukumar For Respondents : Mr.K.P.Ashok Caveators / R1 to R3

O R D E R

This Civil Revision Petition is filed to set aside the fair and decretal order passed by the XV Additional Judge, City Civil Court, Chennai in R.L.T.A.No.69 of 2025 dated 19.07.2025, confirming the fair and decretal order passed by the learned XIV Judge, Small Causes Court, Chennai in R.L.T.O.P.No.177 of 2022 dated 31.01.2025.

2. When the matter was taken up for hearing on 18.08.2025, the learned counsel for the petitioner sought short accommodation to file an Affidavit of Undertaking to vacate the subject premises of the respondents/landlords and the matter was directed to be listed on 20.08.2025.

3. Today, when the matter is taken up for hearing, the learned counsel for the revision petitioner/tenant filed an Affidavit of Undertaking, dated 20.08.2025 and submitted that the petitioner/tenant will vacate and handover the possession of the premises to the respondents/landlords within a period of six months from today i.e., on or

before 20.02.2026.

3. At this juncture, the learned counsel for the respondents/landlords submitted that the respondents have already filed an Execution Petition for taking delivery of possession. When the Amena of the Execution Court went to the spot, it came to the knowledge that some third party is in possession of the premises.

4. The learned counsel for the petitioner further submitted that the petitioner is now in possession of the premises and hence, he seeks six months' time to vacate the said premises.

5. Recording the said Affidavit of Undertaking and also the submissions made by the learned counsel on either side, this Civil Revision Petition is disposed of, with a direction to the petitioner/tenant including any occupant to vacate the subject premises within a period of six months from today. In case, the petitioner creates any third party interest, the Court will take suo motu contempt proceedings against the petitioner/tenant and also the respondents/landlords are at liberty to take

separate proceedings for recovery of arrears of rent. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

20.08.2025 Office to note: Issue order copy by 21.08.2025 Index: Yes/No Speaking Order : Yes/No ms To 1.

The XV Additional Judge City Civil Court, Chennai.

2.

The XIV Judge, Small Causes Court, Chennai.

P.VELMURUGAN, J ms C.R.P. No. 3759 of 2025 20.08.2025