Madras High CourtCRP/1837/2008disposed of

Mrs G. Kamalini Raja v. M/S Shah Nathmal Kantilal

2015-01-19Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 19.01.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P(NPD)Nos.1837 & 2757 of 2008 Mrs.G.Kamalini Raj .. Petitioner in both CRPs Vs M/s.Shah Nathmal Kantilala Rep.by Partner N.Kantilal Door No.81, Navalar Nedunchezhiyan Salai, Shevapet, Salem - 2.

.. Respondent in both CRPs Prayer in CRP NPD No.1837 of 2008 : Civil Revision Petition is filed under Section 25 of the Tamilnadu Buildings (Lease and Rent Control) Act, 1960 as amended Act 23/73 and 1/80 against the fair and decreetal order of the Rent Control Appellate Authority (Principal Subordinate Judge) at Salem dated 21.11.2007 made in RCA No.4 of 2003 confirming the fair and decreetal order of the Rent Control Tribunal, I Additional District Munsif Court, Salem dated 16.12.2002 made in RCOP No.7 of 1995.

Prayer in CRP NPD No.2757 of 2008 : Civil Revision Petition is filed under Section 25 of the Tamilnadu Buildings (Lease and Rent Control) Act, 1960 as amended Act 23/73 and 1/80 against the fair and decreetal order of the Rent Control Appellate Authority (Principal Subordinate Judge) at Salem dated 21.11.2007 made in RCA No.27 of 2003 confirming the fair and decreetal order of the Rent Control

Tribunal, I Additional District Munsif Court, Salem dated 14.07.2003 made in RCOP No.19 of 2000.

For Petitioner : Ms.P.T.Asha for in both CRPs M/s.Sarvabhauman Associates For Respondent : Mr.V.G.Sureshkumar in both CRPs COMMON ORDER The revision petitions are directed against the fair and decreetal order of the Rent Control Appellate Authority (Principal Subordinate Judge) at Salem dated 21.11.2007 made in RCA Nos.4 & 27 of 2003 confirming the fair and decreetal order of the Rent Control Tribunal, I Additional District Munsif Court, Salem dated 16.12.2002 & 14.07.2003 made in RCOP Nos.7 of 1995 & 19 of 2000 respectively.

2. The present partner of the respondent/tenant is present before this Court today. He has filed an affidavit of undertaking stating that the tenant shall vacate and deliver the vacant possession of the petition premises to the landlady, within six months from today, subject to the condition that the landlady is waiving fair rent in entirety.

3. Ms.P.T.Asha, learned counsel appearing for the petitioner/landlady, on instruction submitted that the landlady is agreeable for receiving the contractual rent of Rs.1500/- per month and for delivering the vacant possession of the petition premises by the tenant, within a period of six months from today.

4. In view of the affidavit of undertaking filed by the tenant, both the revision petitions are disposed of. No costs. The tenant shall vacate and hand over the vacant possession of the petition premises to the landlady on or before 18.07.2015. The tenant shall continue to pay the contractual rent of Rs.1500/- per month regularly. 19.01.2015 Index:Yes/No rgr To

1. The Principal Subordinate Judge, Salem.

2. The I Additional District Munsif, Salem.

K.KALYANASUNDARAM,J rgr C.R.P(NPD)Nos.1837 & 2757 of 2008 19.01.2015