Madras High Court
S.Nithyanandhan vs Parakath Syed Abuthahir @ Barakkath on 3 October, 2024
C.R.P.No.3922 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.10.2024
CORAM
THE HONOURABLE THIRU JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.No.3922 of 2024
and CMP No.21457 of 2024
1. S.Nithyanandhan
2. S.Sridhar .... Petitioners
vs
Parakath Syed Abuthahir @ Barakkath .... Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India
as against the judgment and decree dated 23.07.2024 passed by the learned III
Additional Judge, City Civil Court, Chennai (Rent Appellate Authority) in RLTA
No.78 of 2023, confirming the order of eviction dated 06.01.2023 passed by the
learned XIV Judge, Court of Small Causes, Chennai in RLTOP No.671 of 2021.
For Petitioners : Mr.K.P.Ashok
For Respondent : Mr.R.Sivakumar
ORDER
The Civil Revision Petition has been filed against the judgment and decree
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dated 23.07.2024 passed by the learned III Additional Judge, City Civil Court,
Chennai (Rent Appellate Authority) in RLTA No.78 of 2023, confirming the
order of eviction dated 06.01.2023 passed by the learned XIV Judge, Court of
Small Causes, Chennai in RLTOP No.671 of 2021.
2. When the matter is taken up today, the first petitioner is present before
this Court and the learned counsel for the petitioners would submit that the
petitioners have decided to vacate and hand over the vacant possession of the
premises namely, the ground floor portion measuring an extent of 940 sq.ft or
thereabouts in Plot No.17, Old No.13A, New No.16, Murthy Lane,
Varadarajapuram, Pudupet, Chennai-2 to the respondent on or before
30.04.2025. Learned counsel would further submit that the first petitioner
S.Nithyanandhan has filed an affidavit before this Court, undertaking to vacate
and hand over vacant possession on or before 30.04.2025 and prays that the Civil
Revision Petition may be disposed of in terms of the affidavit of the 1st
petitioner. The affidavit of S.Nithyanandhan reads as follows:-
“ AFFIDAVIT OF S. NITHYANANDHAN
I, S.NITHYANANDHAN, Son of Mr.G.Sankaran, Hindu, aged about
https://www.mhc.tn.gov.in/judis
50 years, carrying on business at No.16, Murthy Lane,
Varadarajapuram, Pudupet, Chennai-2, do hereby solemnly and
sincerely affirm and state as follows:-
1. I am the 1 st petitioner herein in the above CRP. The 2 nd
petitioner is my own brother and I am filling this affidavit on his
behalf also.
2. I submit that the respondent herein filed the main RLTOP
against us for eviction u/s 21(2)(a) and the same was allowed and
hence we filed the appeal and the same was dismissed. Hence we
filed the above CRP against the said order.
3. I further submit that we undertake to vacate and hand over
vacant possession of the petition premises namely the ground floor
portion measuring an extent of 940 sq.ft or thereabouts in Plot
No.17, Old No.13A, New No.16, Murthy Lane, Varadarajapuram,
Pudupet, Chennai-2 to othe respondent, on or before 30.04.2025.
3. I further submit that as regards the refund of advance, we
may be granted liberty to file the appropriate proceedings for
recovery of the money before the civil court.
4. I therefore pray that the above undertaking may be
recorded and time may be granted till 30.4.2025 for us to vacate
and handover vacant possession and thus render justice.”
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3. In view of the above submission, the petitioners are directed to vacate
and hand over the vacant possession on or before 30.04.2025. The affidavit of
A.D.JAGADISH CHANDIRA,J,.
sr
the 1st petitioner/S.Nithyanandhan shall form part of the Court records.
4. With the above direction, the Civil Revision Petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
03.10.2024
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Index:yes/no
website:yes/no
To
1. The III Additional Judge, (Rent Appellate Authority),
City Civil Court, Chennai.
2. The XIV Judge, Court of Small Causes, Chennai
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
