Madras High Court
G.Kanniappan vs Jaffar on 17 February, 2021
CRP(NPD).No.677 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2021
CORAM :
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
CRP (NPD).No.677 of 2018
G.Kanniappan ... Petitioner
Versus
Jaffar ... Respondent
Civil Revision Petition is filed under Section 25 of the Tamil Nadu
Buildings (Lease and Rent) Control Act, to set aside the Judgment and decree
dated 24.11.2017 made in R.C.A.No.4 of 2016 on the file of the Rent Control
Appellate Authority/Subordinate Judge, Ponneri.
For Petitioner : Mr.S.Annamalai
For Respondent : Mr.K.Sivakumar
****
ORDER
This Civil Revision Petition is filed to set aside the Judgment and
decree dated 24.11.2017 made in R.C.A.No.4 of 2016 on the file of the Rent
Control Appellate Authority/Sub-Ordiante Judge, Ponneri.
https://www.mhc.tn.gov.in/judis/
CRP(NPD).No.677 of 2018
2.The revision petitioner is the owner of the demised building had
filed a petition in R.C.O.P.No.21 of 2015 on the file of the Rent Control
Authority/District Munsif, Thiruvottiyur under Section 10 (3) (a) (iii) of Tamil
Nadu (Buildings Lease and Rent Control) Act, 1960, to direct the respondent to
vacate and hand over the vacant possession of the schedule property on the
ground for own use and occupation. The Rent Control Authority/District
Munsif, Thiruvottiyur after hearing both the parties ordered vacation as prayed
for.
3.The respondent tenant approached the Rent Control Appellate
Authority/Subordinate Judge at Ponneri vide R.C.O.P.No.4 of 2016. After
hearing both the parties, the first appellate court on 24.11.2017, allowed the
appeal and set aside the vacation order dated 24.11.2016, passed by the
Rent Control Authority/District Munsif, Thiruvottiyur. Aggrieved by the
above said order dated 24.11.2017, passed by the Rent Control Appellate
Authority/Subordinate Judge at Ponneri, the revision petitioner approached this
Court.
4.When the matter was taken up for hearing today, the learned
counsel appearing for the respondent submitted that the respondent tenant will
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CRP(NPD).No.677 of 2018
vacate the revision petitioner's premises and he sought nine months time from
today. In this regard, the respondent tenant also filed an affidavit of
undertaking to vacate the premises on or before 30.11.2021. However, he
submitted that he had deposited a sum of Rs.30,000/- with the revision
petitioner and requested this Court to issue appropriate direction to the revision
petitioner to refund the tenancy advance amount paid by the respondent tenant,
at the time of vacating premises.
5.The undertaking affidavit submitted by the respondent is extracted
as under:
“I, Jafar, Son of T.S.Abdul Kareem, Muslim,
aged about 53 years, residing Business at Shop No.1,
G.K.Complex, Door No.7, Subash Nagar, Kolathur,
Chennai – 600 099, do hereby solemnly affirm and
sincerely state as follows:-
1. I am the respondent herein and the
respondent/tenant in the above C.R.P. and as such well
acquainted with facts case.
2. I, humbly submit that I am using the
petitioner/Land lord demised premises Door No.7, Shop
No.1 for commercial purpose, selling motor spare parts in
the name and style of “CHENNAI MOTORS”. I have few
outstanding to be recover from my customer, for which I
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CRP(NPD).No.677 of 2018
need to operate my business from the petitioner premises
as recovery process would take few months. I need to
carry on the tenancy till then.
3. I humbly submit and undertake to file this
affidavit that I will vacate the petitioner premises on or
before 30.11.2021, till then I continue the tenancy, I will
pay the monthly rent to deposit as I am doing till date.
4. I humbly submit that, I initially entered into
the rental agreement between petitioner, advance amount
a sum of Rs.30,000/- (Thirty Thousand Only) paid to the
petitioner, as on date properly deposit the rent Rs.2,200/-
and Rs.388 for E.B. Bill in totalling Rs.2,588/- per month,
into the XVI Small Cases Court, Chennai, without any
default rent till then and continue to be deposit the rent
tenancy till 30.11.2021. Therefore that the petitioner to
refund advance amount a sum of Rs.30,000/- (Thirty
Thousand Only) to the me at the time of vacating demised
premises.
Therefore, it is prayed that this Hon'ble Court
may be pleased permit me to continue tenancy till
30.11.2021 and to direct the petitioner to refund the
tenancy advance amount a sum of Rs.30,000/- (Thirty
Thousand Only) to the me at the time of vacating demised
premises and thus render justices.”
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CRP(NPD).No.677 of 2018
6.The above said affidavit submitted by the learned counsel for the
respondent/tenant is taken on record and the same shall be the part and parcel
of the order. In view of the above said recording, this Court directs the revision
petitioner to refund the advance amount of Rs.30,000/- to the respondent tenant
on or before 07.12.2021. Further, this Court also directs the tenant to vacate
the premises on or before 30.11.2021 and handover the possession to the
revision petitioner. Till 30.11.2021, the tenant is also directed to pay a monthly
rent of Rs.2,588/- as per the order passed by the Judge, XVI Small Causes
Court, Chennai in R.C.O.P.No.2354 of 2009.
7.In view of the above said directions, this Civil Revision Petition is
disposed of. However, there shall be no order as to costs.
17.02.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non Speaking Order
ah
To
The Rent Control Appellate
Authority/Subordinate Judge,
Ponneri.
https://www.mhc.tn.gov.in/judis/
CRP(NPD).No.677 of 2018
KRISHNAN RAMASAMY, J.,
ah
CRP (NPD).No.677 of 2018
17.02.2021
https://www.mhc.tn.gov.in/judis/
