Madras High Court
M/S. Swarna Constructions vs P. L. Subramanian on 13 July, 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2021
CORAM :
THE HON'BLE MR.JUSTICE C.V. KARTHIKEYAN
C.R.P.(NPD) No.785 of 2021
1. M/s. Swarna Constructions
Represented by its Managing Partner
Mr. Jagadeesan
2. Mr. Jagadeesan
Managing Partner,
Swarna Constructions
3. Mrs. K. Vidya
.. Petitioners
Vs.
P. L. Subramanian
.. Respondent
Prayer: Revison Petiton to set aside the judgment an decree
dated 23.09.2019 passed in R.C.A.No.26 of 2017 on the file of
Subordinate Judge, Poonamallee by setting aside the fair and
decreetal order dated 05.07.2017 passed in R.C.O.P.No.12 of
2015 on the file of Additional Munsif cum Rent Controller,
Poonamallee.
For Petitioners : Mr. K. Dhananjayan
For Respondent : Mr. Anirudh Krishnan
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ORDER
An undertaking affidavit has been filed on behalf of the
Revision Petitioner Mr. Jagadeesh, Managing Partner, M/s.
Swarna Constructions.
2. The relevant portions of the undertaking affidavit are as
follows:
“I submit that we have filed this CRP
against RCA No.26 of 2017 I am the tenant
and the respondent is the landlord. The
respondent filed E.P.No.83 of 2019 for
eviction. I submit that a settlement was
arrived and I have stated that I will vacate
the premises within one month from the
date of filing this affidavit. The respondent
has promised to waive the arrears of rent
in the trial court and I have requested him
some more time for vacating the premises.
It is not possible to file the memo
regarding the settlement in the open court
due to corona. I am filing this undertaking
affidavit and I submit that I will vacate the
premises within one month from the date
of filing this date affidavit
Hence it is prayed that this Hon'ble
Court may be pleased to accept this
affidavit as my understanding and pass
such further order and render justice."
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3. The respondent for good measure has also filed an
affidavit before this Court. In the said affidavit it has been stated
as follows:
" 3. During the hearing dated
23.06.2021, the petitioners, through its
counsel represented that they would
vacate the premises within 2 months and
would file an affidavit to that effect. I
state that I am filing the present affidavit
to bring to the attention of this Hon'ble
Court, the arrears of rent payable to me.
4. The petitioners have not paid rents
for the past 16 months. The monthly rent
is Rs.42,000/- and therefore the rent
payable for 16 months is Rs.6,72,000/-
without interest. The petitioners have not
paid the same even after the orders of the
lower court.
5. I am senior citizen with no other
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source of income other than the rent from
the petitioners. Since the petitioners are
withholding rent wantonly, I have been put
to severe prejudice and injury.
6. Therefore, I pray that this Hon'ble
Court may be pleased to direct the
petitioners to pay a sum of Rs.6.72,000/-
and pass such or further orders as this
Hon'ble court deems fit and thus render
justice."
4. These are issues to be decided only by the executing
Court. Parties therefore have to go back to the executing Court
by filing necessary affidavits as they wish to and let the
executing court on decide all those issues.
5. The Revision Petition has been filed questioning the
judgment and decree passed in R.C.A.No.26 of 2017 dated
23.09.2019, on the file of the Subordinate Court at Poonamallee
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which in turn confirmed the fair and decretal order passed in
R.C.O.P.No.12 of 2015 dated 05.07.2017 on the file of Additional
Munsif cum Rent Controller, Poonamallee.
6. The Revision Petition is dismissed, reverting the parties
back to the Executing Court to agitate all their issues where the
execution petition is now pending. There will be no order as to
costs.
13.07.2021
Index : Yes/No
mrn
To
1. The Subordinate Judge, Poonamallee
2. The Additional Munsif cum Rent Controller, Poonamallee.
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C.V. KARTHIKEYAN, J.
mrn
C.R.P.(NPD) No.785 of 2021
13.07.2021
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https://www.mhc.tn.gov.in/judis/
