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2013 DIGILAW 2268 (MAD)

S. Devendran v. Sukanya Selvaraj

2013-07-01

K.RAVICHANDRA BAABU

body2013
JUDGMENT 1. 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. 3. 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. 4. 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. 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.