P KAVITHA Vs. R DHANDAPANI

JUDGEMENT

(1.) The civil revision petitioner herein is the tenant in R.C.O.P.No.2012 of 2008, on the file of the XVI Small Causes Court, Chennai and the appellant in R.C.A.No.357 of 2009, on the file of the VIII Small Causes Court, Chennai.

(2.) The short facts of the case are as follows:- The respondent/landlord had filed the petition against the petitioner/tenant on the ground of owners occupation. The same was allowed by the learned Rent Controller on 30.06.2009. Aggrieved by the said order and decreetal order, the tenant had filed R.C.A.No.357 of 2009. The same was dismissed with costs on 16.12.2009. Against the said order, the revision petition has been filed by the tenant challenging the order passed by the Rent Control Authority. When the case came for hearing on 24.02.2010 before this Court, the revision petitioner/tenant has filed an affidavit in her name undertaking to vacate and handover the vacant possession of the petition premises namely Flat No.8A, 1st floor, Raj Flats, 9th Cross Street, Dhandeeswaram Nagar, Velachery, Chennai-600 042, on or before 15.05.2010, on condition that the landlord shall return the advance amount of Rs.10,000/-. Further, the petitioner/tenant has undertaken to pay the rent at Rs.2,500/- per month for the month of February, March, April and half month rent of May 2010. The copy of the affidavit has been received by the landlord' counsel on behalf of the respondent/landlord.

(3.) This Court, on considering the undertaking given by the revision petitioner/tenant, allows the petitioner to handover the vacant possession on or before 15.05.2010, after receiving the advance amount of Rs.10,000/-. Accordingly, this petition is ordered. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.