CRP/5284/2026 of Pothys Vs Sandeep Bhaskar on 1 September 2026

ORDER

This Civil Revision Petition has been filed to set aside the order dated 30.07.2026 in EP No.581 of 2026 in RLTOP 258 of 2025 passed by the XIII Judge, Small Causes Court, Chennai.

2. The respondent herein filed RLTOP No.258 of 2025 against the petitioner herein seeking delivery of vacant possession of the property and the same was decreed in his favour, by order dated 30.01.2026. Subsequently, the respondent filed E.P.No.581 of 2026 to execute the above order and the executing court, by passing the impugned order, had issued delivery warrant. Hence, the petitioner has come before this court by filing this civil revision petition.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

4. Today, the petitioner has filed an undertaking affidavit that he would vacate the tenanted premises under his occupation on or before 28.02.2027. Further, today, the petitioner has paid entire arrears of rent, as of 31.08.2026. The petitioner has undertaken to pay future rents, in advance, on or before 5th of every month, till such time, the petitioner vacates and handing over possession

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CRP No. 5284 of 2026

to the respondent, not later than 28.02.2027. The petitioner has further undertaken to withdraw RLTA No. 63 of 2022 filed by them on the file of XVI Additional Judge, City Civil Court, Chennai, in view of the order being passed in this revision, granting time till 28.02.2027 to vacate and hand over possession.

5. At this juncture, the learned counsel for the respondent sought for liberty to proceed against the petitioner for rental arrears, which according to the respondent/ landlord arises on account of an agreement between the petitioner and the respondent that the petitioner would pay enhanced rent at 12% every three years.

6. I am unable to countenance the said line of arguments for the simple reason that eviction itself was sought for by the respondent on the ground that there has been a failure to enter into a tenancy agreement. Therefore, if the respondent intends to enforce an agreement that has a clause, in and by which the petitioner agreed to pay an enhanced rent at 12% every 3 years, then it will be counter productive to the case of the respondent himself. I am therefore not inclined to grant leave to the respondent, as prayed for.

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CRP No. 5284 of 2026

7. In the light of the above, the affidavit of undertaking filed by the petitioner is recorded and the civil revision petition is disposed of in accordance with the affidavit of undertaking, as follows:-

i) The petitioner shall vacate and hand over possession to the respondent or before 28.2.2027, without forcing the respondent to initiate executing proceedings or contempt proceedings before this court.

ii) The entire arrears of rent, up to 31.08.2026 has been cleared in full and final settlement by the petitioner.

iii) The petitioner shall pay the rents for the month of September, October and November 2026, at the rate of Rs.3,20,000/- on or before 5th of the respective months.

iv) In so far as the last three months, namely December 2026, January and February 2027 are concerned, the rents shall be paid at the rate of Rs.3,20,000/- per month, in advance, on or before 30.11.2026. There shall be no order as to costs. Connected miscellaneous petition is closed. 01-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST

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CRP No. 5284 of 2026

To. The XIII Judge. Small Causes Court, Chennai

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CRP No. 5284 of 2026

P.B.BALAJI, J. MST CRP No. 5284 of 2026 01-09-2026

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