G.Jeyaprakash (Died) vs Prettina David represented by her P.O.A, David Ponniah

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2026 Supreme(Online)(Mad) 31481

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. MALA, J
G.Jeyaprakash (Died) – Appellant
Versus
Prettina David represented by her P.O.A, David Ponniah – Respondent
CRP No.1557 of 2026|CMP No.7359 of 2026|R.L.T.A.No.117 of 2024|R.L.T.O.P.No.62 of 2023

Important Points

Court grants tenants time to vacate upon undertaking to pay rent and deliver possession without subletting.

Subject

Civil - Rent and Eviction

Act Referred

Constitution of India: Article 227

Headnote

The revision petition under Article 227 challenges the appellate court's reversal of the trial court's order in eviction proceedings under rent laws, directing vacation of tenanted premises. Tenants sought time to vacate, filing an undertaking to do so by 02.06.2026 while paying rent and not subletting. Court found the undertaking reasonable and recorded it as part of the order. Issue framed: whether tenants should be granted time to vacate post-appellate eviction decree. Ratio: court discretion to allow reasonable time upon undertaking, ensuring compliance with payment and possession terms, balancing landlord and tenant interests. Petition disposed recording undertaking to vacate by 02.06.2026; parties to abide by affidavit terms.

Advocates:
For the Petitioner(s): Mr.K.S.Prakash Subramaniam for M/s.Ammaa Law Associates
For the Respondent(s): Mr.R.Chandrasudan

Table of Content
1. challenges appellate eviction order directing vacant possession. (Para 1)
2. tenants undertake to vacate by 02.06.2026 paying rent. (Para 2 , 3)
3. petition disposed recording undertaking; compliance reporting. (Para 4 , 5)

ORDER

The tenants have filed the present civil revision petition against the landlord challenging the judgment and decree dated 22.01.2025 passed in R.L.T.A.No.117 of 2024 on the file of the XVI Additional City Civil Court, Chennai, reversing the fair and decretal order dated 28.03.2024 passed in R.L.T.O.P.No.62 of 2023 on the file of the X Small Causes Court, Chennai, by directing the petitioners to hand over the vacant possession of the suit schedule premises to the respondent, within a period of two months from the date of the order.

2. At the time of admission, the learned counsel appearing for the petitioners submitted that the petitioners may be given reasonable time to vacate the premises. The learned counsel for the petitioners sought time to file an undertaking affidavit to that effect.

3. Today, the petitioners have filed an undertaking affidavit, undertaking to vacate the premises on or before 02.06.2026, with further undertaking to pay monthly rent without any default till the date of vacating and handing over the possession, and not to sublet the premises, induct any third party, part with possession, alienate, encumber or create any third party interest in the subject mentioned premises.

4. The learned counsel appearing for the respondent submitted that the respondent has no objection for the petitioners vacating the premises as per the terms stipulated in the undertaking affidavit.

5. This civil revision petition is disposed of recording the undertaking of the petitioners to vacate the premises on or before 02.06.2026. The petitioners and the respondent shall abide by the terms outlined in the undertaking affidavit, which shall form part of this order. No costs. Connected C.M.P. is closed.