Madras High Court
M/S.Star World vs P.R.Ranjini on 5 September, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
C.R.P.No.3299 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2024
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.No.3299 of 2024
and C.M.P.No.17628 of 2024
M/s.Star World,
Represented by its Partner,
Khader Ismail,
New No.101/15, Pondy Bazaar,
T.Nagar, Chennai. ... Petitioner
Vs
P.R.Ranjini ... Respondent
PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India,
pleased to set aside the order dated 27.02.2024 passed by the XV Additional City
Civil Court, Chennai, in R.L.T.A.No.153 of 2022.
For Petitioner : Mr.Avinash Wadhwani
For Respondent : Mr.P.Sunil
ORDER
This Civil Revision Petition has been filed against the order dated
27.02.2024 passed by the XV Additional City Civil Court, Chennai, in
R.L.T.A.No.153 of 2022.
https://www.mhc.tn.gov.in/judis
2. The petitioner is a tenant at the respondent's premises located at New
No.101/15, Pondy Bazaar, T.Nagar, Chennai. The XI Small Causes Court,
Chennai, by an order dated 29.09.2022 in RLTOP No.72 of 2022 has allowed the
application under the ground stipulated under Section 21(2)(a) Tamil Nadu
Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 and
directed the petitioner herein to vacate and hand over the vacant possession of the
premises to the respondent within a month from 29.09.2022. Aggrieved over the
same, the petitioner has filed an appeal in R.L.T.A.No.153 of 2022 before the XV
Additional City Civil Court, Chennai and the learned Appellate Judge, by an order
dated 27.02.2024 has confirmed the order passed by the learned trial Judge and
dismissed the appeal. Therefore, the present revision petition has been filed against
the dismissal orders.
3. Learned counsel for the petitioner submitted that the petitioner intends to
vacate and hand over the premises to the respondent/landlord within three months
i.e., by 30.11.2024 and he has also agreed to pay the arrears of rent at the rate of
Rs.14,490/- amounting to a sum of Rs.2,17,350/- on or before 15.09.2024 and
further, he agreed to pay a sum of Rs.14,490/- per month on 05.09.2024,
https://www.mhc.tn.gov.in/judis
05.10.2024 and 05.11.2024. He also submitted that the petitioner has also filed an
Affidavit of Undertaking before this Court to that effect and this civil revision
petition may be disposed of based on the undertaking given by the petitioner.
4. Learned counsel for the respondent submitted that the respondent has no
objection to the petitioner vacating and handing over the premises to the
respondent on or before 30.11.2024, however, he has objection to the averments
made in paragraph '2' of the Affidavit of Undertaking with regard to the amount of
Rs.25 lakhs alleged to have been paid to one Parasurama Rao, proprietor of
M/s.Bombay Tailors, with whom the respondent has no connection at all. He also
submitted that the respondent is not privy to such payments alleged to have been
made by the petitioner to the said Parasurama Rao. He further submitted that his
objection may also be recorded.
5. Heard the learned counsel appearing for both the petitioner and the
respondent and perused the materials available on record.
https://www.mhc.tn.gov.in/judis
6. The Affidavit of Undertaking dated 22.08.2024 filed by the petitioner
before this Court is extracted hereunder :-
"AFFIDAVIT OF KHADER ISMAIL
I, Khader Ismail, son of Nalla Mohammad, Muslim, aged about 69
years, Partner, M/s. Star World, having office at No. 101/5, Pondi
Bazaar Chennai - 600017, do hereby solemnly affirm and sincerely
state as follows:
1. I have filed the present Civil Revision Petition seeking to
set aside the order dated 27-02-2024 passed by the Hon'ble XV
Additional City Civil Court, Chennai in RLTA.No.153 of 2022. On
21-08-2024, on my instructions, my counsel undertook to vacate
and handover vacant possession of the scheduled premises within 3
months i.e., by 30-11-2024 and pay the arrears of rent at the rate of
Rs.14,490/-, amounting to a sum of Rs.2,17,350/-.
2. I state that this affidavit is being filed without prejudice to
raise all contentions, available in law, including but not limited to
the issue regarding non joinder, in the independent revision
petition filed by me against the judgment in R.C.A. Nos. 783 &
785/2018, dated 28-10-2022, against the judgment in R.C.O.P.
1527/2016 dated 07-09-2018, fixing a fair rent of 75,443/- per
month. It is also placed on record that I had paid a sum of
Rs.25,00,000/- to Mr. Parasurama Rao, proprietor of M/s Bombay
https://www.mhc.tn.gov.in/judis
Tailors, the erstwhile tenant in the property in the year 01-03-2001.
The Respondent has failed to take into consideration this amount as
well, while making a demand for arrears of rent. The Respondent
has also failed to consider and account for the maintenance and
developments of the property, at my expense. I reserve the right to
raise all these issues in the relevant proceedings.
3. I state that I confirm the undertaking made through my
counsel to
A) Vacate and handover vacant possession of the
scheduled property on or before 30-11-2024
B) To pay a sum of Rs.2,17,350/- on or before 15-09-
2024.
C) To pay a sum of Rs.14,490/- per month on 05-09-2024,
05-10-2024 and 05-11-2024 subject to the use and occupation of
the premises.
4. It is therefore prayed that this Hon'ble Court be pleased to
dispose of this petition, in terms of the undertaking made and pass
such further or other orders and thereby render justice."
7. Taking into consideration the Affidavit of Undertaking filed by the
petitioner and recording the submissions made by the learned counsels on both
sides, this Civil Revision Petition stands disposed of with a direction to the
https://www.mhc.tn.gov.in/judis
petitioner to vacate the premises and hand over the vacant possession of the
premises to the respondent on or before 30.11.2024 and make the payments as
agreed upon by him in his Affidavit. The respondent is at liberty to proceed further
in respect of recovery of amounts.
8. The Affidavit of Undertaking filed by the petitioner shall form part of the
Court records. Consequently, the connected miscellaneous petition is also closed.
No costs.
05.09.2024
Index : Yes / No
Neutral Citation : Yes / No
ham
To
1. The XV Additional City Civil Court, Chennai.
https://www.mhc.tn.gov.in/judis
A.D.JAGADISH CHANDIRA, J.
ham
05.09.2024
https://www.mhc.tn.gov.in/judis
