Madras High Court
Champalal Otmal vs Rohan Maheswari on 9 August, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
C.R.P.No.3033 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.No.3033 of 2024
and
C.M.P.No.16319 of 2024
Champalal Otmal ... Petitioner
Vs
Rohan Maheswari ... Respondent
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, pleased to set aside the impugned order and judgment dated 15.02.2024
passed in RLTA No.153 of 2023 by the XXIII Additional City Civil Court,
Chennai, confirming the judgment and decree passed in RLTOP No.523 of 2022
dated 17.03.2023 by the learned XV Small Causes Court, Chennai.
For Petitioner : Mr.Sanjay J.Rajpurohit
For Respondent : M/s.Shah and Shah
1/6
https://www.mhc.tn.gov.in/judis
C.R.P.No.3033 of 2024
ORDER
This Civil Revision Petition has been filed against the order dated
15.02.2024 passed by the XXIII Additional City Civil Court, Chennai, in RLTA
No.153 of 2023, confirming the order passed by the XV Small Causes Court,
Chennai in RLTOP No.523 of 2022 dated 17.03.2023.
2. The revision petitioner is a tenant and the respondent is a landlord. The
petitioner was running his shop at the respondent's premises for rent at Shop No.5,
Ground floor, No.33, Narayana Mudali Street, Raj Market, Chennai - 600 079. The
learned XV Judge (FAC), Small Causes Court, Chennai, by an order dated
17.03.2023 in RLTOP No.523 of 2022 has ordered the eviction on the ground
under Section 21(2) (a) Tamil Nadu Regulation of Rights and Responsibilities of
Landlords and Tenants Act, 2017 and directed the petitioner to vacate the premises
and hand over the vacant possession to the respondent/landlord within one month
from 17.03.2023. Aggrieved over the same, the petitioner has filed an appeal in
RLTA No.153 of 2023 before the XXIII Additional City Civil Court, Chennai and
the learned Appellate Judge, by an order dated 15.02.2024 has confirmed the order
passed by the learned trial Judge and dismissed the appeal. Therefore, the present
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revision petition has been filed by the petitioner against the dismissal orders.
3. The learned counsel for the petitioner has filed an Affidavit of
Undertaking before this Court, in which, the petitioner undertakes to vacate the
respondent's and hand over the possession of the same to the respondent/landlord
within nine months.
4. The learned counsel for the respondent has also agreed to the said factum
and also submitted that the respondent will not proceed with the Execution
Petition.
5. Both the counsel appearing for the petitioner and the respondent
submitted that in view of the undertaking given by the petitioner, this revision
petition may be disposed of.
6. Taking into consideration the Affidavit dated 09.08.2024 filed by the
petitioner and recording the submissions of the learned counsels on both sides, this
Civil Revision Petition stands disposed of with a direction to the petitioner to
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vacate the premises and hand over the vacant possession of the premises to the
respondent on or before 15.05.2025.
7. The Affidavit of Undertaking dated 09.08.2024 filed by the petitioner
shall form part of the Court records. Consequently, the connected miscellaneous
petition is also closed. No costs.
8. Post the matter on 02.06.2025 'for reporting compliance'.
09.08.2024
Index : Yes / No
Neutral Citation : Yes / No
ham
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To
1. The XXIII Additional City Civil Court,
Chennai.
2. The XV Small Causes Court, Chennai.
3. The Section Officer,
VR Section, Madras High Court,
Chennai.
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A.D.JAGADISH CHANDIRA, J.
ham
09.08.2024
https://www.mhc.tn.gov.in/judis
