N.P. Sithivinayagam v. V.M.Amanulla (Deceased)
CRP NO. 4850 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-11-2025
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP NO. 4850 of 2025 and CMP No.24441 of 2025 N.P. Sithivinayagam Petitioner Vs V.M.Amanulla (deceased) 1.Habib Natchiya 2.Mrs.Samsath Begum 3.Mrs.Madhina Nasrin 4.Mrs.Husaina Nasrin 5.Mohammed Sheik Muzhaheer 6.Mohammed Aasif Respondent(s) Revision filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 challenging the order and decreetal order dated 01.07.2025 made in RCA No.15/2018 on the file of Sub Court, Thiruvarur (Appellate Authority)/Subordinate Judge, Thiruvarur confirming the Decree and Order dated 28.09.2018 made in RCOP No.12 of 2015 on the file of Rent Controller/District Munsif Court, Thiruvarur. For Petitioners : Mr.J.Jyothi For Respondents : Mr.Bhagawath Krishna 1/6
ORDER
The petitioner has filed an affidavit of undertaking, undertaking to vacate the tenanted premises by end of June 2026, without any extension being sought for.
2. Insofar as the admitted security deposit of Rs.15,000/-(Rupees Fifteen Thousand Only), lying with the respondent/landlord, the petitioner/tenant has sought for adjustment, in and by the said affidavit upto January 2026 and thereafter, has undertaken to pay the future rents till 30.06.2026. The petitioner has also undertaken not to seek any further extension of time and hand over vacant possession peacefully to the respondent/landlord.
3. Learned counsel for the respondent/landlord would invite my attention to the order passed on 27.10.2025, where it was made clear that the security deposit would be adjusted only towards the last three months and the petitioner will have to pay rents upto March 2026, without any default.
4. In the light of the order dated 27.10.2025, the undertaking affidavit 2/6
filed by the petitioner/tenant is recorded and the following order is passed:- (i) Finding no merits in the grounds raised in the revision, challenging the concurrent findings passed by the Rent Controller as well as appellate authority, the civil revision petition is dismissed.
(ii) The petitioner/tenant shall however, have time till 30.06.2026 to vacate and hand over vacant possession to the respondent/landlord, without driving the respondent/landlord to execution proceedings.
(iii) The petitioner/tenant shall continue to pay the rents upto March 2026 at the admitted rates without any default. (iv) Insofar as the months of April, May and June 2026 is concerned, the petitioner is entitled to adjustment as against the security deposit of Rs.15,000/-,available in excess with the respondent/landlord and it shall be adjusted in the last three months' rent viz., April, May and June 2026. 3/6
5. Learned counsel for the respondent/landlord would also bring to my notice that in compliance of the order dated 27.10.2025 in CRP No.4849 of 2025, though the petitioner has handed over vacant possession of the rear store portion by 31.10.2025, by dropping of the keys at the respondent's premises, the petitioner is not allowing the respondent to enter the rear portion in order to secure possession of the same.
6. Learned counsel for the petitioner would however refute the said contention and state that the respondent was not willing to receive the key and therefore, in order to comply with the order, keys were dropped at the respondent's premises.
7. Be that as it may, as of today, possession has been handed over which is also affirmed by the respondent/landlord. The order dated 27.10.2025 is complied with
8. In the light of the above, there shall be no impediment for the respondent/landlord to secure possession of the rear portion of the property 4/6
and enjoy the same independently, which is the tenanted premises in CRP No.4849 of 2025. Insofar as CRP No.4850 of 2025 the revision is dismissed with directions issued in Paras 4(i) to (iv). No costs. Consequently, connected miscellaneous petition is closed. 17-11-2025 Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order sr To
1. The Subordinate Court, Thiruvarur
2. The District Munsif Court, Thiruvarur 5/6
P.B.BALAJI.,J sr CRP NO. 4850 of 2025 17.11.2025 6/6