Mr.Kadampadi v. Mrs.Jayashankari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.4188 of 2015 and MP No.1 of 2015 Kadampadi .... Petitioner vs Mrs.Jayashankari .... Respondent Civil Revision Petitions filed under Sec.25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the fair and final order passed in RCA No.3 of 2009 dated 18.06.2014 on the file of Subordinate Judge, Tambaram, confirming the fair and final order made in RCOP No.32 of 2000 on the file of the Rent Controller/District Munsif, Alandur dated 29.07.2008.

For Petitioner :

Mr.T. Ram Kumar For respondent :

Mr.T. Thiyagarajan

ORDER

Challenging the judgment and decree passed in RCA No.3 of 2009 on the file of Subordinate Judge/Rent Control Appellate Authority, Tambaram, confirming the order passed in R.C.O.P.No.32 of

2000 on the file of Rent Controller/District Munsif, Alandur , the tenant has filed the above Civil Revision Petition. 2.

When the matter is taken up for hearing, the learned counsel, appearing for the petitioner/tenant, submitted that the tenant is willing to vacate the premises on or before 30.04.2017 and to that effect, the petitioner has filed an affidavit of undertaking dated 21.09.2016 before this Court today. The affidavit of undertaking dated 21.09.2016, filed by the petitioner, is taken on record. 3.

The learned counsel, appearing for the respondent/landlady has no objection for granting time till 30.04.2017. The learned counsel, appearing for the respondent, further submitted that the petitioner/tenant may be directed to pay the arrears of rent, amounting to Rs.8000/- and continue to pay the monthly rent till the date of handing over of the vacant possession. 4.

Having regard to the submissions made by the learned counsel on either side, the order of eviction, granted by the Courts below, are confirmed. The petitioner is granted time till 30.04.2017 for vacating and handing over the vacant possession to the respondent/landlady, without driving her to initiate execution

proceedings. The petitioner shall pay the arrears of rent to the respondent/landlady and also continue to pay the monthly rent without any default till he vacates and hand over the vacant possession. With these observations, the civil revision petition is dismissed. No costs. Consequently, connected MP is closed. 26-09-2016 sr Index:no website:yes To 1.The Subordinate Judge, Tambaram

2. The District Munskf, Alandur

M. DURAISWAMY,J., sr CRP (NPD)No.4188 of 2015 26-09-2016

M. DURAISWAMY,J., sr CRP(NPD)No.2928/2016

20-09-2016