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2013 DIGILAW 2921 (MAD)

Saravanan v. Rengarajan

2013-08-13

K.RAVICHANDRA BAABU

body2013
JUDGMENT 1. The tenant is the petitioner. He is aggrieved against the order of eviction passed by the courts below concurrently. Today, the petitioner filed an affidavit of undertaking before this Court wherein he has undertaken to vacate and surrender vacant possession of the demised premises to the respondent/landlady on or before 01.11.2014. It is also stated therein that a sum of Rs.38,695/- has been paid by the petitioner to the respondent representing the rental arrears and balance of decree debt in E.P.No.70 of 2011 in O.S.No.2 of 2010 on the file of the District Munsif Court, Sirkali. He has also specifically undertaken to pay the future rent at the rate of Rs.1,000/- per month from August 2013 till he vacates the premises. The relevant paragraphs of the affidavit is extracted hereunder: "2. I hereby undertake to vacate and surrender vacant possession of demised premises which is the subject matter of rent control eviction petition in R.C.O.P.3/2008 on the file of Rent Controller, Sirkali on or before 01.11.2014 to respondent, without dragging him to execution proceedings again. 3. I submit that today, I paid a sum of Rs.38,695/-(Thirty Eight Thousand six hundred and ninety five only) to respondent which includes Rental arrears of Rs.31,000/- upto July 2013 and Rs.7,695/-(Seven Thousand Six hundred and Ninety Five only) towards balance of decree debt in E.P.No.70/2011 in O.S.No.2/2010 on the file of District Munsif Court, Sirkali. Hence I cleared rental arrears and decree debt in E.P.No.70 of 2011 in O.S.No.2/2010. 4. I undertake to pay future rent at the rate of Rs.1,000/- per month from August 2013 to till the date, I vacate the premises. I also undertake to pay future monthly rent on or before 5th day of succeeding month." Learned counsel appearing for the respondent admits the receipt of the said sum paid by the petitioner and in fact, the respondent himself has made an endorsement in the above affidavit filed by the petitioner. Thus, recording the undertaking given by the petitioner as stated supra, this civil revision petition is dismissed and the petitioner/tenant is directed to vacate and hand over vacant possession of the demised premises to the respondent/landlady on or before 01.11.2014, without dragging him to the execution proceedings. The petitioner is also directed to pay the future monthly rent at the rate of Rs.1000/-per month from August 2013 till he vacates the premises without any default. No costs. The petitioner is also directed to pay the future monthly rent at the rate of Rs.1000/-per month from August 2013 till he vacates the premises without any default. No costs. The connected miscellaneous petition is also dismissed.