Madras High CourtCRP/4356/2023disposed of

C.Subburaman v. K.Ravichandran

2023-11-30Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI C.R.P.No.4356 of 2023 C.Subburaman ... Petitioner Vs K.Ravichandran ... Respondent PRAYER: Civil Revision Petition is filed under Sec.25(1) of Tamil Nadu Buildings (Lease and Rent Control) Act, against the order dated 29.08.2023 passed by the Appellate Authority, VII Judge, Small Causes Court, Chennai in R.C.A.No.82 of 2021 confirming the order dated 24.02.2021 by the learned Rent Controller, Small Causes Court, Chennai in R.C.O.P.No.1150 of 2015, XII Judge, Small Causes Court, Chennai. For Petitioner : Mr.T.G.Balachandran For Respondent : Mr.L.Rajendran 1/4

O R D E R

This civil revision petition has been filed to set aside the fair and decreetal order passed in R.C.A.No.82 of 2021, on the file of the learned VII Judge, Small Causes Court, Chennai dated 29.08.2023, confirming the fair and decreetal order passed in R.C.O.P.No.1150 of 2015 on the file of the learned XII Judge, Small Causes Court, Chennai, dated 24.02.2021.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The petitioner is a tenant in the eviction proceedings initiated by the respondent landlord in RCOP No.1150 of 2015. The said eviction order was challenged by the tenant by way of preferring RCA No.82 of 2021 and the same was dismissed. Aggrieved over the same, this civil revision petition has been filed.

4.The learned counsel for the petitioner filed an affidavit of undertaking given by the revision petitioner/tenant to vacate the premises 2/4

within a period of eight weeks and seeks directions for returning the advance amount of Rs.85,000/- and Rs.1,00,000/- as a loan granted to the previous landlord Krishnamurthy.

5.The learned counsel for the respondent has also agreed for returning the said sum of Rs.1,85,000/- to the petitioner on the date of handing over the premises.

6.In view of the above said undertaking, this Civil Revision Petition is disposed of and the petitioner/tenant is directed to vacate the premises and hand over the same to the respondent/landlord on or before 25.01.2024 and on the date of handing over the possession, the respondent/landlord is directed to return a sum of Rs.1,85,000/- to the petitioner/tenant. No costs. 30.11.2023 Index : Yes/No Speaking Order : Yes/No vkr 3/4

T.V.THAMILSELVI, J.

vkr To

1. The XII Court of Small Causes, Chennai.

2. The VII Court of Small Causes, Chennai.

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