Madras High CourtCRP/4271/2023dismissed

K.N.Muruganandham v. G. Ramasamy

2023-12-06Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2023 CORAM :

THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI Civil Revision Petition No.4271 of 2023 and CMP.No.25982 of 2023 --- 1.K.N.Muruganandham 2.E.Karthikeyan ... Petitioners

Versus

1.G.Ramasamy 2.R.Amsaveni

...Respondents

Civil Revision Petition filed Under Section 25 of TamilNadu Buildings (Lease and Rent control) Act, 1960, praying to set aside the fair and decreetal order in RCA.No.1 of 2022 on the file of Subordinate Court, Udumalpet, dated 13.02.2023 confirming the order passed in RCOP.No.1 of 2018 on the file of the District Munsif Court, Udumalpet, dated 09.09.2021 in the interest of the justice.

For Petitioners :

M/s. J.Prithivi For R1 :

Mr.D.R.Arun Kumar

O R D E R

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The petitioners have filed this revision petition to set aside the fair and decreetal order in RCA.No.1 of 2022 on the file of Subordinate Court, Udumalpet, dated 13.02.2023 confirming the order passed in RCOP.No.1 of 2018 on the file of the District Munsif Court, Udumalpet, dated 09.09.2021.

2. Heard, M/s. J.Prithivi, learned counsel for the petitioners, Mr.D.R.Arun Kumar, learned counsel appearing for the 1st respondent and perused the materials available on record.

3. On seeing the facts of the case, and also considering the age of the landlord is 70 years, originally the suit was filed in the year 2014 for permanent injunction, before initiating the proceedings, notice was also issued to terminate the tenancy and before the trial Court, three months time was granted to vacate the premises and the same was confirmed by the Appellate Authority, this Court does not warrant any interference.

4. Accordingly, this Civil Revision Petition is dismissed. However the petitioners are directed to vacate and hand over the premises to the landlord within a period of three months from the date of receipt of a copy of this order, failing which the respondent is entitled to execute the proceedings through 2\4

Executing Court immediately. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. 06.12.2023 Index : Yes/No Speaking/Non Speaking order rri To 1.The Subordinate Judge, Udumalpet.

2.The District Munsif Judge, Udumalpet.

3.The Section Officer, VR-Section, High Court of Madras.

T.V.THAMILSELVI, J.

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rri Civil Revision Petition No.4271 of 2023 and CMP.No.25982 of 2023 06.12.2023 4\4