ABDUL SAMAD; ABDUL GAFOOR Vs. THOTA RAJASHREE

JUDGEMENT

(1.) This civil revision petition is filed against the order made in M.P.No.244 of 2013 in R.C.A.No.152 of 2013 on the file of the VIII Judge, Court of Small Causes, Madras (Rent Control Appellate Authority) whereby the court below while granting interim stay directed the petitioners to deposit a sum of Rs.79,56,795/- to the credit of R.C.A. on or before 17.04.2013.

(2.) Mr.P.B.Balaji, learned counsel whose name printed in the cause list as Caveator represents that he has given change of vakalat and Mr.T.Velumani, learned counsel appearing for the respondent submits that he has filed vakalat on behalf of the respondent and his name may be printed for the respondent.

(3.) When the matter was listed for admission before this Court on 03.06.2013, after hearing the petitioner's counsel this court expressed its view that there is no merit in the civil revision petition since the order under challenge shows that the petitioners have accepted to deposit the amount and only they sought for three weeks time and that the Court below also granted sufficient time for making such deposit. Hence, the petitioner's counsel sought time to get instruction from the petitioners and to report as to whether the petitioners could vacate the premises and hand over possession of the same to the respondent landlady. Accordingly, today, the learned counsel appearing for the petitioners filed an affidavit of the second petitioner indicating that the same is filed on behalf of the first petitioner also. In the said affidavit, the petitioners have undertaken to vacate the premises within a period of three months and hand over vacant possession of the property. The relevant portion of the affidavit is extracted hereunder: