Madras High CourtCRP/3909/2017disposed of

Anandan v. Veena Rao

2017-11-01Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 1.11.2017

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR C.R.P.No.3909 of 2017 & C.M.P.No.18252 of 2017 Anandan Proprietor M/s.Lakshmi Industries, Chennai 600 097.

... Petitioner Vs.

1. Veena Rao Rep. by Power of Attorney Vidya Pratap

2. Vidya Pratap ... Respondents Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in E.A.No.72 of 2017 in E.P.No.174 of 2016 in R.C.O.P.No.1625 of 2013 dated 12.10.2017, on the file of the IX Small Causes Court, Chennai.

For Petitioner :

Mr.A.Bharathi For Respondents :

Mr.K.P.Ashok ******

O R D E R

By the consent of both parties, the Civil revision petition listed today for admission, is taken up for final disposal.

2 The learned counsel for the respondent filed statement of account stating that rental arrears due from March 2015 till October 2017 at the contractual rate of rent of Rs.13,200/- per month for 32 months comes to Rs.4,22,400/-.

3 The revision petitioner has filed an Undertaking affidavit stating that he will vacate and handover the vacant possession of the petition schedule mentioned premises on or before 31.01.2018 without fail. The petitioner has also assured that he will not request for any further extention of time to deliver the vacant possession. Further the petitioner undertakes to pay the rental arrears due from March 2015 till October 2017 as per the contractual rate of rent i.e. Rs.13,200/- per month for 32 months comes to Rs.4,22,400/- payable to the respondent on or before 29.11.2017 and also agreed to pay future rent to the respondent directly on or before 5th day of every succeding calender month till vacating the premises. The counsel for the respondent also agreed that the rental arrears of Rs.4,22,400/- shall be paid by the petitioner within the period stipulated above. In the event of non compliance of the order, it is open to the respondent to proceed against the petitioner in the execution proceedings.

4. Recording the submission made by the counsel for the parties and the undertaking affidavit filed by the counsel for the petitioner and the

statement of account filed by the respondent, the Civil revision petition is disposed of. However, no order as to costs. Consequently, connected miscellaneous petition is closed.

1.11.2017 Speaking/Non-Speaking order Index :Yes/No Internet :Yes/No vaan To The IX Small Causes Court, Chennai.

D.KRISHNAKUMAR, J.

vaan C.R.P.No.3909 of 2017 & C.M.P.No.18252 of 2017 1.11.2017