A.S.Fazul Rahman v. R.Subramanian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2019

CORAM

THE HON'BLE Ms. JUSTICE P.T.ASHA C.R.P (NPD).No.530 of 2019 and C.M.P.No.3473 of 2019 A.S.Fazul Rahman.

...Petitioner

Vs R.Subramanian ... Respondent PRAYER: Civil Revision Petition is filed under Section 25(1) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 to set aside the judgment and decree dated 22.01.2019 made in RCA No.61/2018 on the file of the Appellate Authority/Principal Subordinate Judge, Coimbatore, confirming the fair and final order dated 26.07.2018 made in RCOP No.257 of 2015 on the file of the Rent Controller-The Principal District Munsif of Coimbatore. For Petitioner : Mr.R.Bharath Kumar For Respondent : Mr.V.Lakshmi Narayanan for Mr.Kingsly Solomon.J

O R D E R

The matter was argued earlier by both parties and the counsel for the petitioner/tenant undertook to file an affidavit of undertaking agreeing to vacate the suit demised premises within a period of 12 months from the date of the order and also undertaking to pay the monthly rents due, for the month of February 2019 and the subsequent months without fail, without the landlord insisting for the rent on the respective due dates. An affidavit to that effect has been filed into Court today and the same is taken on file.

2. Therefore, the Civil Revision Petition is disposed of by recording the undertaking given by the petitioner that he would vacate and hand over the vacant possession of the suit property to the landlord on or before 18.02.2020 without fail. In the event of default in the payment of rents, it is open to the landlord/respondent to take steps for executing the order of eviction obtained by him in R.C.OP.No.257 of 2015 on the file of the learned Principal District Munsif [Rent Controller], Coimbatore, confirmed in R.C.OP.No.61 of 2018, on the file of the Appellate Authority [Principal Subordinate Judge, Coimbatore].

3. This Civil Revision Petition is disposed of on the above lines.

4. It is also informed by the learned counsel for the petitioner that it

is only for the petitioner who is in possession of the property and no third party is occupying the lands. He further undertakes that he will not induct any third party into the property.

19.02.2019 Index:Yes/No Internet:Yes/No Speaking Order/Non-Speaking Order ssb/dua P.T.ASHA.J.,

ssb/dua C.R.P (NPD).No.530 of 2019 and C.M.P.No.3473 of 2019 19.02.2019