A. Anandan v. The Petroleum Sub-Agent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2016
CORAM
THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.235 of 2014 and M.P No.1 of 2014 A. Anandan ... Petitioner vs The Petroleum Sub-Agents Association, rep by its President, New No.507, Old No.245, Mint Street, Chennai - 600 003 ...
Respondent Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act against the order and decretal order dated 25.10.2013 passed in R.C.A No.202 of 2012 by the VIII Court of Small Causes, Chennai, confirming the order and decretal order dated 20.02.2012 passed in RCOP No.542 of 2010 by the learned Rent Controller (X Judge), Court of Small Causes, Chennai.
For Petitioner :
Dr.C. Ravichandran For respondent :
Mr.V. Lakshmi Narayanan for Mr.P. Vasanth
ORDER
Challenging the judgment and decree passed in R.C.A.No.202 of
2012 on the file of VIII Judge, Court of Small Causes, Chennai, confirming the order passed in R.C.O.P.No.542 of 2010 on the file of X Judge, Court of Small Causes, Chennai, the tenant has filed the above Civil Revision Petition.
2.
The respondent/landlord filed Rent Control Original Petition in R.C.O.P No.542 of 2010 for eviction on the ground of additional accommodation. The Courts below concurrently ordered eviction, against which, the tenant has filed the above Civil Revision Petition. 3.
When the matter is taken up for hearing, the learned counsel, appearing for the petitioner/tenant, submitted that the petitioner is willing to vacate the premises in one year time and to that effect, the petitioner also filed an Affidavit of Undertaking dated 25.10.2016. 4.
Mr.V. Lakshmi Narayanan, learned counsel, appearing for the respondent, has no objection for granting a year time to the petitioner/tenant for vacating the premises.
5.
The Affidavit of Undertaking, filed by the petitioner, is taken on record and it shall form part of the record.
6.
Having regard to the submissions made by the learned counsel on either side and also the affidavit of undertaking, filed by the petitioner/tenant, the order of eviction, granted by the Courts below, are confirmed. The Civil Revision Petition stands dismissed. The petitioner/tenant is granted one year time to vacate and hand over vacant possession of the premises to the respondent/landlord without driving them to initiate execution proceedings.
7.
It is also made clear that the petitioner shall vacate the premises on or before 24.10.2017. The petitioner shall continue to pay the rent without default till he vacates and hand over vacant possession of the premises. The petitioner also gave an undertaking that he will not induct any third party in the demised property. No costs. Consequently, connected MP is closed.
25-10-2016 Index:no website:yes To
1. The VIII Judge, Court of Small Causes, Chennai
2. The X Judge, Court of Small Causes, Chennai
M. DURAISWAMY,J., sr CRP(NPD)No.235 of 2014 25.10.2016