Gandhi vs V.Dinakaran
2025 Latest Caselaw 7462 Mad

Madras High Court

Gandhi vs V.Dinakaran on 25 September, 2025

                                                                                             C.R.P.No. 4605 of 2025



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 25.09.2025

                                                               CORAM :

                                        THE HONOURABLE MR.JUSTICE P.B. BALAJI

                                                    C.R.P.No. 4605 of 2025
                                                              and
                                                   C.M.P.No. 23304 of 2025

                     Gandhi                                                                         .. Petitioner

                                                                    vs


                     V.Dinakaran                                                                 .. Respondent

                     Prayer : Petition filed under Article 227 of the Constitution of India
                     to set aside the order dated 21.06.2025 passed in R.L.T.A.No.
                     27/2025 on the file of the XVIII Additional City Civil Court at
                     Chennai in confirming the order dated 13.08.2023 passed in
                     R.L.T.O.P.No. 282 of 2023 on the file of XII Small Causes Judge,
                     Chennai.


                                  For Petitioner     :        Mr.S.Thiruvengadam

                                  For Respondent :            Mr.T.N.Rangesh Kanna


                                                                ORDER

The petitioner / tenant has filed affidavit dated 25.09.2025.

Paragraph 2 of the same is extracted below:-

“2.I state that I undertake to vacate the tenanted premises which is the subject matter

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in the present CRP within a period of one year from today and also undertake to pay monthly rent of Rs.5,000/- from this month onwards without any default.”

2. Recording the said undertaking, the petitioner is granted

time till 24.09.2026 on condition that the petitioner pays a sum of

Rs.5,000/- from September, 2025 (payable in October, 2025) and

pay the said amount of Rs.5,000/- per month till such time he

vacates and hand over the vacant possession not later than

24.09.2026.

3. Learned counsel for the respondent states that the

petitioner has not paid rent form more than five years.

4. Learned counsel for the petitioner has stated that in

compliance with judgment in O.S.No. 4709 of 2021, the petitioner

has deposited the arrears of rent to the credit of the suit and he has

no objection for the respondent to withdraw the same.

5. However, learned counsel for the respondent states that

the said suit was filed against the vendors and the respondent is not

a party to the said suit.

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6. I understand that the suit is still pending and, therefore,

it is open to the respondent to get himself impleaded in the said suit

and take out an application for withdrawal of the arrears of rent

deposited by the petitioner to which he is entitled to from the date

of his purchase. If any application is filed for impleadment and

payment out, it cannot be opposed by the petitioner. In respect of

any further arrears, it is open to the respondent to work out his

remedy in accordance with law.

7. This Civil Revision Petition stands disposed of granting

time to vacate and hand over possession till 24.09.2026. No costs.

Connected miscellaneous petition is closed.

25.09.2025 Index:Yes/No Neutral Citation:Yes/No ssm

To

1.The XVIII Additional City Civil Court at Chennai.

2.The XII Small Causes Judge, Chennai.

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P.B. BALAJI, J.

ssm

25.09.2025

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