P.R. Senthil Kumar vs Rama Vasudevan

M. Govindaraj, J

The petitioner/tenant filed the present Civil Revision Petition against the concurrent findings of the Courts below.

When the matter came up for admission, the petitioner / tenant has offered to vacate and hand over vacant possession to the respondent/landlady on or before 30.09.2019 and the same was accepted by the respondent/landlady. He has also filed an affidavit of undertaking dated 21.06.2019 to that effect, which reads as under:

"AFFIDAVIT OF P.R.SENTHIL KUMAR

I, P.R.Senthil Kumar, S/o. (Late) A.P.Rangasamy, Hindu, aged about 40 years having office at First Floor, Old No.3, New No.7, 3rd Main Road, Nehru Nagar, Adayar, Chennai - 600 020 do hereby solemnly affirm and sincerely state as follows:

I humbly submit that the Respondent filed RCOP 1469/2014 on the file of XV Small Causes Court, Chennai seeking the relief of directing me to vacate and handover the schedule of property. The above said RCOP was decreed in favour of the Respondent on 29.02.2016. Aggrieved by the above said order, I preferred RCA 199 of 2016 on the file of VIII Small Causes Court, Chennai. The above said appeal was dismissed against me on 13.03.2019. Aggrieved by the above said order I preferred this Civil Revision Petition.

I humbly submit that I am doing construction and interior business in the above said schedule property for the past 10 years. I have a well established clientele in the above said premises and it is difficult to find a new place for the above stated purpose. Hence, I require at least three months' time in order to vacate the premises. Without prejudice to my contention that I have cleared the rents up to May 2019 and that there is an excess amount of Rs.30,000/- (Thirty Thousand Rupees) as per the statement of accounts by me. I am ready and willing to pay three months' rent in advance for the time sought by me. I hereby undertake that I will vacate and handover the vacant premises to the land lady within three months' i.e., on or before 30.09.2019.

So it is hereby submitted that I undertake to vacate the premises within three months i.e. on or Before 30.09.2019."

The respondent/landlady has objections with regard to quantum of rental arrears and the claim made by the petitioner / tenant with regard to excess amount paid towards rentals.

Hence, this Court without going into merits of the case, disposed of the Civil Revision Petition with the following observation: -

The affidavit of undertaking dated 21.06.2019 filed by the petitioner/tenant is taken on record and the same shall form part and parcel of this order with respect to payment of rentals for three months period sought by the petitioner for vacating and handing over possession.

Accordingly,

(i) The petitioner/tenant shall vacate and handover vacant possession to the respondent/landlady on or before 30.09.2019.

(ii) The petitioner/tenant as undertaken shall deposit the rentals for the three months period from June 2019 to September 2019 within one week from today.

(iii) In so far as the claim of rental arrears is concerned, it is open to the respondent/landlady, if she chooses, to recover, she can do it by following due process of law. If there is any excess amount as claimed by the petitioner/tenant, he can project it before the concerned Court and defend himself in the recovery proceedings, if initiated by the respondent/landlady.

The Civil Revision Petition is disposed of with the above observations and directions. No costs. Consequently, connected civil miscellaneous petition is closed.

Post this matter under the caption "for reporting compliance" on 28.06.2019.