CRP/5488/2026 of S. Ramasamy Nadar (Deceased) 1. Palkani Vs S.Jayathilakaraj on 25 September 2026

ORDER

Heard Ms.S.Anuradha Balaji, learned counsel for the petitioners/tenants and Mr.U.Venkatesh, learned counsel for the respondent/landlord.

2. Learned counsel for the petitioners/tenants submits that the revision is filed challenging the dismissal of an application in Un.M.P.SR.No.4134 of 2026 seeking extension of time for vacating the premises.

3. Pending Rent Control Appeal in RCA No.3 of 2025 before the Rent Control Appellate Authority (Sub Court, Alandur), the petitioner volunteered to come forward to vacant and hand over vacant possession by 31.07.2026, undertaking to pay a monthly rent of Rs.19,000/-. The compromise was recorded by the Rent Control Appellate Authority and RCA No.3 of 2025 was disposed of granting time till 31.07.2026 to enable the petitioners/tenants to vacate and hand over vacant possession.

( Uploaded on: 29/09/2026 04:16:45 pm )

CRP No. 5488 of 2026

4. The petitioners filed application, seeking extension of time upto 30.09.2026 stating that they were unable to move over to an alternate place within the agreed time and it was beyond their control. The said application was dismissed at the unnumbered stage on the ground that the Court had become functus officio and could not entertain the application more so, since the judgment was passed based on a compromise reached between the parties.

5. Today, I heard the learned counsel for the parties. Learned counsel for the petitioners states that though the petitioners sought time till 31.07.2026, they had taken diligent steps to identify another place and in fact, before the appellate authority, they sought time only upto 30.09.2026 since they already identified the place and they were contemplating the existing tenants occupying in the said premises to vacate by end of September, 2026. the counsel would therefore state that time may be granted upto end of November 2026. Learned counsel for the petitioners/tenants undertakes to pay the entire arrears of rent at the rate of Rs.19,000/-(Rupees Nineteen Thousand Only) per month as may be found due and payable by the petitioners.

( Uploaded on: 29/09/2026 04:16:45 pm )

CRP No. 5488 of 2026

6. The request for time is vehemently opposed by the learned counsel for the respondent/landlord stating that having come to Court agreeing to vacate the tenanted premises by 31.07.2026, it is not open to the petitioners to now go back on the compromise that was clinched based on their own voluntary undertaking which is not disputed even today. He would also bring to my notice the factum of request for time being made only upto 30.09.2026 before the appellate authority. He would therefore state that the petitioners can very well vacate by 30.09.2026 and subject to clearing their entire arrears of rent which is due at the rate of RS.19,000/-per month as on date.

7. I have carefully considered the submissions advanced by the learned counsel on either side.

8. Admittedly, the petitioners have not vacated by 31.07.2026 as undertaken. It is only based on the said undertaking, the Rent Control Appeal in RCA No.3 of 2025 came to be disposed of. Thereafter, an application has been taken out, seeking extension of time till 30.09.2026, to enable the petitioners to vacate. The said application was taken out on 27.07.2026. The Rent Control Appellate Authority dismissed the said application as not maintainable.

( Uploaded on: 29/09/2026 04:16:45 pm )

CRP No. 5488 of 2026

9. Per se, I am unable to find fault with the dismissal of the said application since the request for time upto 31.07.2026 emanated only from the petitioners voluntarily. However, considering equity and also in view of the fact that the petitioners are not seeking any unreasonable time and at the same time, keeping in mind that the respondent has already vacated the place which was under his occupation and he is seeking the tenanted premises for setting up his own business, I am inclined to pass the following order:-

(i) The petitioners shall vacate on or before 31.10.2026, without seeking any further extension of time.

(ii) The petitioners shall pay the rents at the rate of Rs.19,000/- (Rupees Nineteen Thousand Oly) per month upto 31.10.2026 without any default.

(iii) The arrears if any shall be cleared within a period of two weeks from the date of receipt of a copy of this order.

( Uploaded on: 29/09/2026 04:16:45 pm )

CRP No. 5488 of 2026

(iv) The petitioners, in view of their going back on their own undertaking and to offset the prejudice caused to the respondent/landlord, shall forfeit a sum of Rs.1,05,000/- (Rupees One Lakh Five Thousand Only) from and out of the rental advance/security deposit which is available with the respondent/landlord.

(v) Consequently, across vacating and handing over vacant possession on or before 31.10.2026, the respondent shall be obliged to return/refund only a sum of Rs.3,00,000/-(Rupees Three Lakhs Only). 25.09.2026 Index:yes/no Website:yes/no Speaking Order/Non-speaking Order sr

( Uploaded on: 29/09/2026 04:16:45 pm )

CRP No. 5488 of 2026 To The Rent Control Appellate Authority, Sub Court, Alandur.

( Uploaded on: 29/09/2026 04:16:45 pm )

CRP No. 5488 of 2026 P.B.BALAJI.,J sr CRP No. 5488 of 2026 25.09.2026

( Uploaded on: 29/09/2026 04:16:45 pm )