Madras High Court
Balan vs Mahendrakumar on 24 May, 2024
C.R.P. No. 2117 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.05.2024
CORAM
THE HON'BLE MR. JUSTICE P. B. BALAJI
C.R.P. No. 2117 of 2024
&
C.M.P. No. 11265 of 2024
1. Balan
2. B. Udhayakumar ..Petitioners
Vs.
Mahendrakumar ..Respondent
Prayer: Civil Revision Petition under Article 227 of the Constitution of
India as against the docket order dated 30.04.2024 passed in E.P. No. 587
of 2022 in R.L.T.O.P. No. 165 of 2021 by the learned XI Judge, (FAC),
Small Causes Court, Chennai.
For Petitioners :: Mr.K. Balakrishnan
For Respondent :: Mr. Mahinder Banchari
ORDER
By consent, the civil revision petition is taken up for final disposal.
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2. Though the revision has been filed as against the order dated
30.04.2024 passed in E.P. No. 587 of 2022 in R.L.T.O.P. No. 165 of 2021
passed by the learned XI Judge, (FAC), Small Causes Court, Chennai, it is
brought to the notice of this Court that in the earlier revision filed by the
petitioners herein challenging the judgment and decree dated 02.12.2022
passed in RLTA No. 80 of 2022 by the VI Additional District Judge, City
Civil Court, Chennai (Rent Tribunal), the learned Single Judge, by order
dated 20.07.2023, while dismissing the civil revision petition, had granted
six months time to vacate and hand over the premises in question. However,
the petitioners have not handed over possession of the premises and the
learned counsel for the petitioners seeks six months time from today to
vacate and hand over possession of the premises in question.
3. The request of the learned counsel for the petitioners is strongly
objected and opposed to, by the learned counsel for the respondent.
4. I am unable to accede to the request of the learned counsel for
the petitioners to grant six months time to hand over vacant possession of
the premises. However, in the interest of justice, the petitioners are granted
time till 30.09.2024 to vacate and hand over posssession of the premises
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under their occupation subject to the following conditions:
(i) The petitioners shall vacate and hand over vacant possession of the
tenanted premises on or before 30.09.2024 without seeking for further
extension of time;
(ii) In this regard, the petitioners shall file an affidavit of undertaking
within a period of 10 days from today, i.e, on or before 03.06.2024;
(iii) The petitioners shall clear the entire arrears of rent after adjusting the
advance amount paid initially by the petitioners within a period of 30 days
from today.
5. Subject to the above conditions, the petitioners shall be entitled
to continue to occupy the tenanted premises until 30.09.2024. It is made
clear that if any of the above conditions are violated or not complied with,
then the petitioners shall not have the benefit of time to stay till 30.09.2024
and the respondent is at liberty to move this Court for further orders. The
petitioners shall also continue to pay the rents until such time the
possession of the tenanted premises is handed over.
6. The Civil Revision Petition stands disposed of with the above
directions. No costs. Connected C.M.P. is closed.
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24.05.2024
nv/sai
To
The XI Judge,
Court of Small Causes,
Chennai.
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P.B. BALAJI,J.
nv/sai
24.05.2024
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