Mohamed Rafi v. V.Sridhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :03.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN C.R.P.PD.No.5310 of 2024 and C.M.P.No.29568 of 2024 Mr.Mohammed Rafi ... Petitioner Vs 1.Mr.V.Sridhar 2.M/s.The Ahamed International Rep.by Mr.Ahamed Arif, Office at No.55/22, Rajasekaran Street, Mylapore, Chennai-600 004.
...Respondents
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India against the respondents herein to set aside the fair and decreetal order dated 05.11.2024 passed in stay application in I.A.No.1 of 2024 in R.L.T.A.No.79 of 2024 by the III Additional City Civil Court at Chennai and consequently to allow the stay application 1/9
in I.A.No.1 of 2024.
For Petitioner : Mr.L.Gavaskar For Respondents : Ms.Y.Kavitha Mr.Prasanna
ORDER
This Civil Revision Petition arises against the order passed by the learned III Additional City Civil Court at Chennai in I.A.No.1 of 2024 in R.L.T.A.No.79 of 2024, dated 05.11.2024.
2. The Civil Revision Petitioner is the appellant in RLTA No.79 of 2024. He suffered order of eviction in RLTOP No.13 of 2020 on the file of the XIII Court of Small Causes, Chennai on 15.02.2024. Aggrieved by the same, he preferred an appeal before the learned III Additional City Civil Judge at Chennai.
3. Pending the appeal, he moved an application in I.A.No.1 of 2024, seeking stay of operation of the fair and decreetal order of RLTOP No.13 of 2020. The learned III Additional City Civil Judge, 2/9
Chennai dismissed the application. Hence, this Civil Revision Petition.
4. When the matter came up for admission, I was able to perceive that the Civil Revision Petitioner is a sub-tenant under the 2nd respondent herein. The 2nd respondent had not preferred an appeal against the order of eviction. Hence, the order passed against the main tenant is equally binding on the sub-tenant. Apart from that, it is clear that an amount of Rs.25,91,500/- is due to the 1st respondent. While granting stay, a Court is always entitled to impose conditions including a direction to deposit the arrears of rent.
5. Be that as it may, when I was not inclined to admit the revision, Mr.Gavaskar submitted that he shall file an affidavit of undertaking of Civil Revision Petitioner agreeing to hand over the possession of the property on or before 20.01.2025.
6. I found the request reasonable. Therefore, I listed the matter 3/9
today.
7. When the matter was taken up today, Mr.Gavaskar, filed an affidavit, after due notice to Ms.Y.Kavitha, undertaking to vacate the premises on or before 20.01.2025. The undertaking affidavit is recorded. As stated in paragraph 2 of the undertaking affidavit, the petitioner shall hand over the peaceful possession of the property to the 1st respondent on or before 20.01.2025.
8. The undertaking affidavit of the petitioner is as follows: 4/9
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9. It is left open to the parties to workout their rights independently with respect to any claim that they have as regards arrears in an independent proceedings.
10. In the light of the above discussion, this Civil Revision Petition is dismissed, granting the aforesaid time as sought for by the petitioner. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
03.01.2025 Index: Yes/No Speaking order/non-speaking order ssn To The III Additional City Civil Court, Chennai.
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V.LAKSHMINARAYANAN , J., ssn C.R.P.PD.No.5310 of 2024 and C.M.P.No.29568 of 2024 03.01.2025 8/9
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