Loganathan vs R. Usha Rani

K. Ravichandrabaabu, J.—The tenant is the petitioner. He has filed an affidavit of undertaking to vacate and handover the vacant possession

of the petition mentioned shop on 17.4.2014. He has also paid the arrears of rent from 1.7.2005 to 30.6.2013 amounting to Rs. 8400/- by way of

demand draft to the respondent/landlady. Paragraph 2 of the said affidavit of undertaking is extracted hereunder:-

I state that in the event of ordering eviction and confirming order of eviction in the above civil revision petition. I undertake to deliver possession of

the petition shop on 17.4.2014 and tender the arrears of rents from 1.7.2005 to 30.6.2013 by demand draft No. D47098 drawn on Indian Bank,

High Court Branch for a sum of Rs. 8400/- (Rupees eight thousand four hundred only) towards arrears of rents for the above said period.

I have already deposited a sum of Rs. 8,500/- (Rupees eight thousand five hundred only) towards arrears and another sum of Rs. 16,000/-

(Rupees sixteen thousand only) into the credit of RCA No. 564 of 2005 in RCOP No. 979 of 2000.

I undertake to pay future rent in every succeeding month on or before 10th of every succeeding month.

The learned counsel for the respondent has no objection for the terms set out in the above affidavit.

Thus by recording the said affidavit of undertaking, the following order is passed in this civil revision petition.

(i) The petitioner/tenant is directed to vacate and handover vacant possession of the petition shop, to the respondent/landlady, on or before

17.4.2014.

(ii) Payment of Rs. 8400/- by the petitioner representing the arrears of rent from 1.7.2005 to 30.6.2013 and acknowledged by the learned counsel

for the respondent is recorded.

(iii) The deposit already made by the petitioner before the Court below to the credit of the RCA No. 564 of 2005 on the file of the VIII Judge of

Court of Small Causes, Chennai is permitted to be withdrawn by the respondent/landlady.

(iv) The petitioner is directed to pay the future rent on or before 10th of every succeeding month without committing any default. If any default is

committed in paying the future rent, the respondent/landlady is at liberty to file an execution petition to evict the petitioner/tenant.

This civil revision petition is disposed of on the above terms. Consequently, M.P. No. 1 of 2008 is closed. No costs.