Madras High Court
R.Tamizharasan vs M/S.Ismail Musa Wakf on 20 December, 2021
C.R.P(NPD)Nos.2634, 2124 & 2402 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P(NPD)Nos.2634, 2124 & 2402 of 2021
and
CMP.Nos.16132, 18262 & 19537 of 2021
R.Tamizharasan ...Petitioner in CRP.No.2634 of 2021
T.Moses ...Petitioner in CRP.No.2124 of 2021
Mohideen Abdul Kadher ...Petitioner in CRP.No.2402 of 2021
Vs.
M/s.Ismail Musa Wakf
Repreented by its
Muthavalli, Mr.Aejaz Sait,
Yafa Guest House, 4th Floor,
No.22, Model School Road,
Chennai – 600 006. ..Respondents in all revision petitions
Common Prayer: Civil Revision Petitions filed under Section 25(1) of the
Tamilnadu Buildings (Lease and Rent Control) Act, seeking to set aside the
judgment and decree passed in RCA.Nos.823, 821 & 822 of 2017 on the file
of the VII-Judge, Court of Small Causes, Chennai (Appellate Authority)
dated 17.12.2020 & 16.12.2020 dismissing the petitioners appeal and
confirming the judgment and decree passed in RCOP.Nos.1996, 1951 &
1981 of 2013 on the file of the XVI-Judge, Court of Small Cuses, Chennai.
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C.R.P(NPD)Nos.2634, 2124 & 2402 of 2021
For Petitioner in all petitions : Mrs.M.R.Pramela
For Respondent in all petitions : Mr.K.P.Ashok
COMMON ORDER
These three revisions are against the orders of eviction made
under the Tamil Nadu Buildings (Lease and Rent Control) Act.
2.The tenant in each of the revisions has filed an affidavit
undertaking to vacate premises, if the advance paid is refunded and the
sufficient time is granted to them to vacate. The tenants have also claimed
that they have paid a certain sum as Pagadi and there was promise by the
landlord to refund the deposit made for obtaining 10 HP power connection.
3.Mr.K.P.Ashok, learned counsel appearing for the respondent /
landlord would submit that while he is ready to repay the advance amount
paid under receipt, the other amounts, according to him have not been either
received or that it is open to the tenants to apply for disconnection and get
refund of the deposit made for the electricity power connection, since the
electricity connection obtained was in the name of the tenants themselves.
In the light of the above, the following order is passed:-
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C.R.P(NPD)Nos.2634, 2124 & 2402 of 2021
i) The tenants are granted ten(10) months time to vacate and
handover vacant possession i.e., till 31.10.2022.
ii) The landlord shall refund the amount of advance namely:-
➢ CRP.No.2124 of 2021 - Rs.7,000/-
➢ CRP.No.2402 of 2021 - Rs.10,000/-
➢ CRP.No.2634 of 2021 - Rs.7,000/-
iii) As regards the other amounts paid as Pagadi, the landlord does
not admit and therefore, there cannot be any direction for repayment.
iv) In so far as CRP.Nos.2124 & 2402 of 2021, the tenants are at
liberty to surrender the power connection and take back the deposit made by
them with the Electricity Board.
4.These civil revision petitions are dispsoed of with the above
directions. No costs. Consequently, connected miscellaneous petitions are
closed.
20.12.2021
kkn
Index:No
Internet:Yes
Speaking
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https://www.mhc.tn.gov.in/judis
C.R.P(NPD)Nos.2634, 2124 & 2402 of 2021
R.SUBRAMANIAN, J.
KKN
To:-
1.The VII-Judge,
Court of Small Causes,
Chennai.
2.The XVI Judge,
Court of Small Causes,
Chennai.
C.R.P(NPD)Nos.2634, 2124 & 2402 of 2021
and
CMP.Nos.16132, 18262 & 19537 of 2021
20.12.2021
https://www.mhc.tn.gov.in/judis
