C.R.P.No.2563 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2023

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

C.R.P.No.2563 of 2023

and

C.M.P.No.15834 of 2023

Mital Surendira

... Petitioner

Versus

Supriya Unni

... Respondent

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution

of India, to set aside the order dated 01.07.2023 made in E.A.No.4 of 2023 in

E.P.No.43 of 2021 passed by the learned XI Small Causes Judge, at Chennai.

For Petitioner

:

Mr. S. Haja Mohideen Gisthi

For Respondent

:

Mr. Vikram Ramakrishnan

O R D E R

This Civil Revision Petition has been filed against the order dated

01.07.2023 in E.A.No.4 of 2023 in E.P.No.43 of 2021 passed by the learned

XI Judge, Small Causes Court, Chennai.

2. The respondent herein has filed RCOP No. 241 of 2019 before the XI

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C.R.P.No.2563 of 2023

Small Causes Court, Chennai under Section 10 (2) (i) of the Tamil Nadu

Buildings (Lease and Rent Control) Act, 1960 for eviction of the revision

petitioner herein on the grounds of wilful default in payment of rent. After

contest, the learned Rent Controller, by an order dated 04.10.2019, allowed the

Original Petition and directed the revision petitioner herein to vacate and

handover vacant possession of the premises in question. Similarly, the

Petition filed by the respondent herein under Section 11 (4) of the said Act in

MP No. 189 of 2019 has also been allowed directing the revision petitioner-

tenant to pay a sum of Rs.8,46,000/- towards arrears of rent failing which all

further proceedings in the Original Petition will be stopped.

3. As against the order passed in RCOP No. 241 of 2019 as well as MP

No. 189 of 2019, the revision petitioner-tenant has filed RCA Nos. 389 and

420 of 2019. Pending appeals, a compromise has been reached between the

parties and by recording the same, RCA No. 389 and 420 of 2019 were

disposed of on 11.10.2022. Thereafter, Execution Petition No. 43 of 2021

was filed to execute the decree passed by the learned Rent Controller. On

notice, the revision petitioner-tenant has filed EA No. 4 of 2023 by contending

that she came to know that the respondent herein is not the original owner and

the said fact came to her knowledge much later. Therefore, the revision

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C.R.P.No.2563 of 2023

petitioner sought for setting aside the order passed in the Original Petition.

The trial court dismissed the EA No. 4 of 2023 on 01.07.2023 as devoid of any

merits, against which the present Civil Revision Petition is filed by the

revision petitioner-tenant.

4. When this Civil Revision Petition is taken up for hearing, after some

arguments, learned counsel for the revision petitioner-tenant submits that the

revision petitioner is inclined to vacate the premises in question on or before

30.09.2023. The learned counsel for the respondent-landlady submits that he

has no objection for the revision petitioner vacating the premises on or before

30.09.2023. However, he would only submit that before vacating the

premises, the admitted arrears of rent shall be directed to be paid by the

revision petitioner.

5. On consideration of the above submissions, this Court hereby directs

the revision petitioner-tenant to vacate the premises in question on or before

30.09.2023 and deliver vacant possession of the premises to the respondent

herein. It is open to the respondent-landlady to recover the arrears of rent in a

manner known to law.

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C.R.P.No.2563 of 2023

6. With the above observations, the Civil Revision Petition is disposed

of. Consequently, the connected Miscellaneous Petition is closed. No costs.

21.07.2023

Index : Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No

kv

To

1. The XI Judge, Small Causes Court,

Chennai.

2. The Section Officer,

V.R. Section,