Madras High CourtCRP/4770/2017disposed of

R. Arulsekar v. N. Sridharan

2018-06-27Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.06.2018 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.R.P.(NPD).No.4770 of 2017 R.Arulsekar ... Petitioner Vs.

N.Sridharan ... Respondent Prayer: Civil Revision Petition is filed under Section 25 of Tamil Nadu Buildings Lease and Rent Control Act 1960, against the fair and decretal order dated 31.08.2016 passed in R.C.A.No.4 of 2016 on the file of the learned Rent Control Appellate Authority cum Subordinate Judge, Pollachi confirming the order of the learned Rent Controller cum District Munsif, Pollachi dated 11.09.2015 made in R.C.O.P.No.4 of 2010.

For Petitioner : Mr.I.Abrar MD Abdullah For Respondent : Mr.V.Prakash

O R D E R

This Civil Revision petition has been filed against the fair and decretal order dated 31.08.2016 made in R.C.A.No.4 of 2016 on the file of the learned Rent Control Appellate Authority cum Subordinate Judge, Pollachi.

2. The revision petitioner is the tenant and the respondent is the landlord. The respondent filed a petition in R.C.O.P.No.4 of 2010 before the learned Rent Controller cum District Munsif, Pollachi for eviction. After full fledged enquiry and elaborate discussion, the Rent Controller allowed the petition on merits.

3. Aggrieved against the said order dated 11.09.2015, the revision petitioner/tenant filed an appeal before the learned Rent Control Appellate Authority cum Subordinate Judge, Pollachi in R.C.A.No.4 of 2016. After hearing both sides, the learned learned Rent Control Appellate Authority cum Subordinate Judge, Pollachi dismissed the appeal by conforming the order of the Rent Controller cum District Munsif, Pollachi.

4. During the course of argument, the learned counsel for the petitioner seeks liency of this Court to grant one year time for evicting the premises. The learned counsel for the respondent is ready to give time for only four months. This Court is inclined to give six months time for vacating the premises.

4. Hence, the petitioner is directed to vacate the premises within a period of six months from the date of receipt of a copy of this order and hand

over the premises key directly to the respondent.

5. With the above direction, this Civil Revision petition is disposed of. No costs.

6. Further, the petitioner is directed to file an affidavit of undertaking before the Registry on or before 04.07.2018. For compliance, post the matter on 04.07.2018.

27.06.2018 Note: Issue order copy on 28.06.2018 Index:Yes/No Speaking order / Non speaking order vum To

1. The Rent Control Appellate Authority cum Subordinate Judge, Pollachi.

2. The Rent Controller Cum District Munsif, Pollachi.

P.VELMURUGAN, J., vum C.R.P.(NPD).No.4770 of 2017 27.06.2018