M. Nagarajan v. Smt. Kumuthavalli

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2016

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(NPD).No.2095 of 2016 and C.M.P.No.10952 of 2016 and C.R.P.(NPD).No.2096 of 2016 M.Nagarajan ... Petitioner in both C.R.Ps Vs Kumuthavalli represented by Power Agent and her father A.Arunachalam ... Respondent in C.R.P.(NPD).No.2095/2016 A.Arunachalam ... Respondent in C.R.P.(NPD).No.2096/2016 Civil Revision Petitions under Section25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the judgment and decree dated 29.02.2016 passed in R.C.A.Nos.77 & 78 of 2014 on the file of the Principal Subordinate Judge (Rent Control Appellate Authority), Coimbatore confirming the order dated 26.06.2014 passed in R.C.O.P.Nos.213 of 2011 & 107 of 2013 on the file of the Principal District Munsif (Rent Controller), For Petitioner : Mr.R.Kannan (in both C.R.Ps) For Respondent : Mr.S.Gunalan (in C.R.P.(NPD).No.2095/2016)

C O M M O N O R D E R The Civil Revision Petitions are filed by the tenant challenging the judgments and decrees passed in R.C.A.Nos.77 & 78 of 2014 on the file of the Rent Control Appellate Authority, Principal Subordinate Court, Coimbatore, confirming the order passed in R.C.O.P.Nos.213 of 2011 & 107 of 2013 on the file of the Rent Controller, Principal District Munsif, 2.When the matter is taken up for hearing, learned counsel for the petitioner/tenant submitted that the tenant is willing to vacate the premises on or before 31.03.2017 and therefore, the order of eviction passed by the Courts below can be confirmed and granted time till 31.03.2017. 3.Mr.S.Gunalan, learned counsel for the respondent/landlord has no objection for granting time till 31.03.2017. The learned counsel for the respondent/landlord submitted that the petitioner/tenant may be directed to pay the rent without any default till the tenant vacates the premises.

4.Having regard to the submissions made by the learned counsel on either side, the judgments and decrees of the Courts below are confirmed. The Civil Revision Petitions stand dismissed. 5.The petitioner/tenant is granted time till 31.03.2017 for vacating and handing over vacant possession of the petition premises to the respondent/landlord without driving them to initiate execution proceedings. The petitioner/tenant is directed to pay the monthly rent without any default till he vacates the premises. No costs. Consequently, the connected miscellaneous petition is closed.

Index : No 27.09.2016 Internet : Yes va To 1.The Principal Subordinate Judge (Rent Control Appellate Authority), 2.The Principal District Munsif (Rent Controller),

M.DURAISWAMY,J.

va C.R.P.(NPD).No.2095 of 2016 and C.M.P.No.10952 of 2016 and C.R.P.(NPD).No.2096 of 2016 27.09.2016