Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.07.2013 CORAM THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU C.R.P.(NPD) No.1458 of 2013 and M.P.No.1 of 2013 1.S.Devendran 2.D.HaMs..Petitioners ..vs.Sukanya Selvaraj .Respondent Prayer: Civil Revision Petition filed under Section 25 of the Tamilnadu Buildings (Lease and Rent Control) Act against the judgment and decree passed by the Appellate Authority cum VIII Court of Small Causes at Chennai dated 06.02.2013 made in R.C.A.No.130 of 2012 confirming the order and decree dated 20.12.2011 in R.C.O.P.No.850 of 2010 passed by the Rent Controller, XVI Judge, Small Causes Court, Chennai.
For Petitioners : Mr.N.Maninarayanan For Respondent : Mr.S.Thiruvengadam for Caveator ORDER
The above civil revision petition is filed by the tenants challenging the order of eviction concurrently passed by the courts below.
2.Though the civil revision petition is filed by raising several grounds, the learned counsel appearing for the petitioners submitted that the petitioners are willing to vacate and hand over vacant possession to the landlady/respondent herein, if sufficient time is given.
Accordingly, the matter is adjourned for filing an affidavit of undertaking to that effect.
2.Today, an affidavit of undertaking is filed before this Court signed by both the petitioners wherein the petitioners have undertaken to vacate and hand over vacant possession of the demised premises on or before 28.02.2014.
In so far as this undertaking given by the petitioners seeking time till 28.02.2014 is concerned, the learned counsel appearing for the respondent/landlady is not having any serious objection.
However, in so far as the other statement made by the petitioners with regard to the refund of advance amount of Rs.25,000/- is concerned, the learned counsel for the respondent/landlady vehemently opposed such contention raised by the petitioners and submitted that out of total advance amount of Rs.25,000/-, a sum of Rs.18,000/- has been already adjusted towards the three months rental payable by the tenants and therefore, only the balance sum of Rs.7,000/- is payable to the tenants representing the advance amount.
3.A perusal of the order passed by the Appellate Authority also shows that a sum of Rs.18,000/- out of total advance amount of Rs.25,000/- was adjusted for the rental arrears towards the months of March, April and June 2010.
Thus, the landlady has to refund only a sum of Rs.7,000/- to the petitioneRs.4.Considering the above facts and circumstances and also the affidavit of undertaking filed by the petitioneRs.the following order is made:- (i)The civil revision petition is dismissed; (ii)The petitioners/tenants are granted time till 28.02.2014 to vacate and hand over vacant possession of the demised premises to the respondent/landlady without driving the landlady to resort to the execution proceedings; (iii)The petitioners shall pay the periodical monthly rental without fail till they vacate and hand over vacant possession.
(iv)The respondent/landlady is directed to refund a sum of Rs.7,000/- to the petitioners at the time of handing over of the vacant possession of the property being the balance of the advance amount, subject to any arreaRs.if payable by the tenants.
No costs.
The connected miscellaneous petition is also dismissed.
vri To 1.
The Appellate Authority cum VIII Small Causes Court Chennai.
2.
The Rent Controller XVI Small Causes Court Chennai