Madras High CourtCRP/1267/2020disposed of

M/S.Saree Sansar v. S.Nandakumar

2020-09-10Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2020 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P (PD) No.1267 of 2020 1.M/s.Saree Sansar A Partnership firm rep. By its Partner, Shree Suresh Vaswani, Carrying on business at 98, D.B.Road, R.S.Puram, Coimbatore - 641 002.

2. Shree Suresh Vaswani

3. Inderchand ...

Petitioners Vs.

1. S.Nandakumar Padma Vaswani (Died)

2. Neetu P.Vaswani

3. Manju ... Respondents PRAYER: Civil Revision Petition filed under Section 25 of the Tamilnadu Buildings (Lease and Rent Control) Act, 1960, to set aside the fair and decreetal order of the Rent Control Appellate Authority-cum-Principal Subordinate Judge, Coimbatore, dated 07.11.2019 in R.C.A.No.29 of 2015 and confirm the fair and 1/4

decreetal order in R.C.O.P.No.223 of 2009 dated 23.01.2015 on the file of the Rent Controller/Principal District Munsif, Coimbatore. For Petitioners :

Mr.Kishore Kumar for Mr.K.Thangapandi For Respondents :

M/s.Sarvabhauman Associates - - - - -

O R D E R

Today when the matter is taken up for reporting settlement, the third petitioner in the Civil Revision Petition has filed an affidavit of undertaking to vacate the premises and hand over the vacant possession to the respondent/landlord, provided they are given sufficient time for doing so. He would also pray for time till 31st July, 2022. The petitioner has also stated in the affidavit of undertaking that he is in possession of the building from the year 1973 i.e for the past 47 years. Now that, he has filed a present revision against the order of eviction.

2.However, the learned counsel appearing for the respondents would vehemently oppose the grant of time and would submit that the petitioner 2/4

is the owner of the very next building and running a business in the name and style of "Vandana" and that he can vacate the shop within a week.

3. Considering the submissions and on the basis of the affidavit of undertaking, permission is granted to the petitioner to remain in possession till 31.01.2021. On 01.02.2021, he shall hand over the vacant possession to the respondent/landlord as undertaken. The affidavit of undertaking is taken on file and the same shall form part of the records.

With the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Post the matter for reporting compliance on 02.02.2021. 10.09.2020 ms/asi To The Motor Accident Claims Tribunal (Subordinate Judge), Krishnagiri.

3/4

M.GOVINDARAJ, J.

ms/asi C.R.P (PD) No.1267 of 2020 10.09.2020 4/4