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Madras High CourtCRP/1495/2019disposed of

V.Gajalakshmi v. V.M.John

2019-04-22Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2019

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA CRP.(NPD).No.1495 of 2019 and C.M.P.No. 9750 of 2019 V.Gajalakshmi ..Petitioner/Tenant Vs V.M.John ..Respondents/Landlord This Civil Revision Petition filed under Section 25 of the Tamil Nadu Building (Lease and Rent) Control Act against the Judgment and Decree dated 02.02.2019 in R.C.A.No.37 of 2013, on the file of the learned VIII Judge, Small Causes Court, Chennai, dismissing the appeal and confirming the Judgment and decree passed in RCOP.No. 2576 of 2018, by the learned Judge, XIV Small Causes Court, Chennai, dated 23.09.2011. For Petitioner : M/s.K.M.Aasim Shehzad For Respondent : Mr.B.K.Sreenivasan

O R D E R

In the above Civil Revision Petition, by order dated 16.04.2019, this Court had directed the revision petitioner/defendant to file the necessary affidavit of

undertaking, agreeing to vacate the premises on or before 31.12.2019.

The affidavit of undertaking has been filed today and the revision petitioner undertakes to handover the vacant possession on or before 31.12.2019 and has also undertaken to clear arrears of rent before the end of July 2019 and has undertaken to continue to pay the monthly rents on the respective due dates. The affidavit of undertaking has taken on file and record.

The revision petitioner/tenant would submit that a sum of Rs.3.50 lakhs has been paid by him to the erstwhile landlord and liberty may be given to him to proceed against Mr.M.M.MohammedAbubacker. The said liberty is also granted to the revision petitioner. It is made clear that the third party interest would not be created by the revision petitioner and in the event of violation of any one of the conditions, viz., the non payment of the arrears, non payment of the rental or subletting, would immediately enable the landlord to initiate execution petition for eviction.

In the result, the Civil Revision Petition is disposed of on the above lines. No costs. Consequently, connected miscellaneous petition is also closed. 22.04.2019 dua Index: Yes/No Internet: Yes/No Speaking order / Non-speaking order To 1.The learned Judge, XIV Small Causes Court, Chennai.

2.The learned VIII Judge, Small Causes Court, Chennai.

P.T.ASHA, J.

dua CRP.(NPD).No.1495 of 2019 and C.M.P.No. 9750 of 2019 22.04.2019