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Madras High CourtCRP/1885/2025disposed of

P.Anwar Basha v. A.R.Basheer Ahmed Sait

2025-06-25Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 25.06.2025

CORAM:

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.R.P (NPD) No.1885 of 2025 and CMP No.10880 of 2025 P.Anwar Basha ... Petitioner ..Vs.

A.R.Basheer Ahmed Sait ... Respondent Prayer: This Civil Revision Petition is filed under Section 25 of Tamil Nadu Buildings Rent Control Act, to set aside the Order dated 19.11.2024 in R.C.A No.04 of 2023 on the file of learned Subordinate Judge-cum-Rent Controller, Appellate Authority at Udhagamandalam confirming the order dated 25.07.2023 passed in RCOP No.41 of 2015, by the Rent Controller Court at Udhagamandalam.

For Petitioner : Mr.Adarsh Subramaniam For Respondent : Mr.M.Mohamed Riyaz 1/5

O R D E R

Challenging the Order of eviction of the Rent Controlller which has been confirmed by the Rent Control Appellate Authority, the present revision has been filed.

2. The respondent is the landlord and the petitioner is the tenant. The respondent landlord has sought eviction on the grounds of failure to enter into a written agreement and own use and occupation. The same has been allowed and the learned Rent Controller directed the tenant to vacate and handover vacant possession of the petition premises. The appeal preferred against the same has also been dismissed. As against which, the present revision has been filed.

3. When the Civil Revision Petition is taken up today, the petitioner has filed an affidavit, wherein he agreed to vacate and hand over vacant possession of the subject premises to the respondent/landlord on or before 31.12.2025. Similarly, the respondent has also filed an affidavit 2/5

stating that on vacating the premises, he would refund the advance amount of Rs.6,00,000/- to the revision petitioner/tenant.

4. The undertaking affidavits filed by both the parties are taken on record.

5. Accordingly, the revision petitioner/tenant is directed to vacate and hand over vacant possession of the premises on or before 31.12.2025 to the respondent/landlord and till such time, he shall continue to pay the rent. In the event of failure to vacate and hand over vacant possession of the premises, the same will invite contempt proceedings against the revision petitioner. The respondent is also directed to pay the advance of Rs.6,00,000/- to the petitioner/tenant, on vacating the said premises without fail, as undertaken by him.

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6. With the above directions, this Civil Civil Revision Petition is disposed of. Consequently, connected miscellaneous petition is closed. 25.06.2025 uma Index : Yes / No Internet: Yes Speaking/non speaking order To 1.The Subordinate Judge-cum-Rent Controller, Appellate Authority at Udhagamandalam

2. The Rent Controller Court at Udhagamandalam. N.SATHISH KUMAR,J uma 4/5

C.R.P (NPD) No.1885 of 2025 &CMP No.10880 of 2025 25.06.2025 5/5