Madras High CourtCRP/1270/2019disposed of

M/S.Barnas International Pvt Ltd v. Nmz Trust

2019-04-09Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.04.2019

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(NPD).No.1270 of 2019 M/s.Barnas International Pvt.Ltd., rep. by its Director Mr.Najimudeen, having office at No.14, Valliammal Road, Vepery, Chennai 600 004.

... Petitioner Vs.

NMZ Trust, rep.by present Managing Trustee, Mr.N.M.Zachriah, Having Registered Office at No.67, E.V.K.Sampath Road, Vepery, Chennai 600 007.

... Respondent Civil Revision Petition filed under Section 25 (2) of Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 to set aside the order and decree dated 28.02.2019 passed in RCA No.603 of 2015 by the learned VIII Judge, Small Causes Court, Chennai confirming the order dated 03.11.2015 passed in M.P.No.417 of 2015 in RCOP No.1930 of 2013 on the file of the learned XIV Judge Small Causes Court, Chennai.

For Petitioner : M/s.P.Wilson Associates For Respondent : M/s.M.Manivasagam Associates

O R D E R

The Civil Revision Petition has been filed to set aside the order and decree dated 28.02.2019 passed in RCA No.603 of 2015 by the learned VIII Judge, Small Causes Court, Chennai confirming the order dated 03.11.2015 passed in M.P.No.417 of 2015 in RCOP No.1930 of 2013 on the file of the learned XIV Judge Small Causes Court, Chennai.

2. Today, the learned counsel for the petitioner has filed an affidavit of undertaking dated nil April 2019 stating that the petitioner is undertaking to vacate the premises within a period of one year from today i.e., on or before 09.04.2020. It is also stated that the petitioner do not have any objection for the arrears of rent Rs.20,69,500/- deposited on 13.07.2017 in R.C.A.No.603 of 2015 to be withdrawn by the respondent/landlady. The learned counsel for the respondent submitted that the said affidavit of undertaking shall be recorded as part and parcel of this order.

3. While recording the affidavit of undertaking, it is also made clear that the petitioner shall continue to pay the rent without any demur on the respective due dates and shall also not subject to lease the property to any third party. In the event of violating the above terms, the land lord is free to take steps to evict the tenant immediately. With these observations, the Civil Revision Petition is disposed of. No costs. 09.04.2019 Speaking order/Non-speaking order Index : No Internet : Yes dpq To

1. The VIII Small Causes Court, Chennai.

2. The XIV Small Causes Court, Chennai.

P.T.ASHA,J.

dpq C.R.P.(NPD).No.1270 of 2019 09.04.2019