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Madras High CourtCRP/1592/2024disposed of

Rajaram v. Chandradevi

2024-10-01Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA C.R.P.Nos.1592 & 1595 of 2024 and C.M.P.No.8536 of 2024 Rajaram .. Petitioner in both cases

Versus

Chandradevi .. Respondent in both cases Prayer in C.R.P.No.1595 of 2024:- Civil Revision Petition filed under 25 of the Tamil Nadu Buildings (L & R Control) Act, 1960 as amended under Act 23 of 1973 to call for the records pertaining to the decree and judgment in RCA No.27/2020 dated 10.08.2023 by the learned IX Judge Court of Small Causes Chennai confirming the decree and order in MP 195/2015 in RCOP No.1809/2014 dated 08.07.2015 on the file of the learned XI Judge, Court of Small Causes, Chennai allowing the said petition filed by the Respondent herein under Section 11(4) of the Act and to set aside the said decree and judgment.

Prayer in C.R.P.No.1592 of 2024:- Civil Revision Petition filed under 25 of the Tamil Nadu Buildings (L & R Control) Act, 1960 as amended under Act 23 of 1973 to set aside the decree and judgment in RCA No.534/2015 dated 10.08.2023 by the learned IX Judge, Court of Small Causes, Chennai confirming the decree and order in RCOP No.1809/2014 dated 29.07.2015 on the file of the learned XI Judge, Court of Small Causes, Chennai. In both CRPs For Petitioner :

Mr.R.Raghul for Mr.G.Saravanan For Respondents :

Mr.S.Aswin Karthikeyan

COMMON ORDER C.R.P.No.1595 of 2024 has been filed to call for the records pertaining to the decree and judgment in RCA No.27/2020 dated 10.08.2023 by the learned IX Judge, Court of Small Causes, Chennai confirming the decree and order in MP 195/2015 in RCOP No.1809/2014 dated 08.07.2015 on the file of the learned XI Judge, Court of Small Causes, Chennai allowing the said petition filed by the Respondent herein under Section 11(4) of the Act and to set aside the said decree and judgment.

C.R.P.No.1592 of 2024 has been filed to set aside the decree and judgment in RCA No.534/2015 dated 10.08.2023 by the learned IX Judge, Court of Small Causes, Chennai confirming the decree and order in RCOP No.1809/2014 dated 29.07.2015 on the file of the learned XI Judge, Court of Small Causes, Chennai.

2. The petitioner is the tenant and the respondent is the landlady. When the cases were taken up on 25.09.2024, the learned counsel for the petitioner/tenant submitted that the petitioner intends to vacate the premises and sought time to hand over the premises to the respondent.

Accordingly, the cases were listed today.

3. Today, the petitioner has filed an affidavit agreeing to vacate and hand over the vacant possession of the property on or before 31.03.2025 and continue to pay the rents or or before 10th of every succeeding English Calendar Month in favour of the respondent. The learned counsel for the respondent, on instructions, submitted that respondent also has no objection in the petitioner vacating and handing over the vacant possession of the property on or before 31.03.2025 and continuing to pay the rents or or before 10th of every succeeding English Calendar Month.

4. It is relevant to extract the portion of the affidavit dated 01.10.2024, which reads as follows:

"...4. I hereby undertake to vacate and hand over vacant possession of the petition property on or before 31.03.2025 and continue to pay the rents on or before 10th of every succeeding English Calendar Month in favour of the respondent herein."

A.D.JAGADISH CHANDIRA, J.,

5. In view of the consensus arrived between the parties and undertaking to hand over the vacant possession of the premises to the respondent by 31.03.2025, the civil revision petitions stand disposed off with a direction to the petitioner to vacate and hand over the vacant possession of the premises on or before 31.03.2025. The affidavit dated 01.10.2024 filed by the petitioner shall form part and parcel of the Court record. Consequently, connected miscellaneous petition is closed. No costs. 01.10.2024 dhk Index : Yes/No Internet : Yes/No To, 1.The IX Judge Court of Small Causes, Chennai

2. The XI Judge, Court of Small Causes, Chennai C.R.P.Nos.1592 & 1595 of 2024