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Madras High CourtCRP/2181/2016dismissed

J. Nagalingam v. T.V. Meenaloachini

2016-11-10Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(NPD).No.2181 of 2016 and C.M.P.Nos.11431 & 16214 of 2016 J.Nagalingam ... Petitioner Vs.

T.V.Meenaloachini ... Respondent Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the judgment and decree dated 29.04.2016 passed in R.C.A.No.4 of 2014 on the file of the Subordinate Judge, Tambaram confirming the judgment and decree dated 18.12.2013 passed in R.C.O.P.No.13 of 2011 on the file of the Principal District Munsif-cum-Rent Controller, Alandur. For Petitioner : Mr.V.Vijayakumar For Respondent : Mr.N.Seshadri (for caveator)

O R D E R

Challenging the judgment and decree passed in R.C.A.No.4 of 2014 on the file of the Subordinate Judge, Tambaram confirming the judgment and decree passed in R.C.O.P.No.13 of 2011 on the file of the Principal District

Munsif-cum-Rent Controller, Alandur , the tenant has filed the above Civil Revision Petition.

2.The respondent/landlady filed the Rent Control Original Petition for eviction on the ground of own use and occupation. 3.The Rent Controller ordered eviction, which was also confirmed by the Rent Control Appellate Authority in R.C.A.No.4 of 2014. Against the concurrent findings of the Courts below, the tenant has filed the above Civil Revision Petition.

4.When the matter was 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 31.03.2017 and also filed an affidavit of undertaking to that effect before this Court today. The learned counsel appearing for the respondent/landlady has no objection for granting time till 31.03.2017.

5.In view of the submissions made by the learned counsel on either side, the concurrent findings of the Courts below are confirmed. The Civil Revision Petition stands dismissed. The petitioner/tenant is granted time till

31.03.2017 to vacate and hand over vacant possession of the petition premises to the respondent/landlady without driving her to initiate execution proceedings. The affidavit of undertaking dated 07.11.2016 shall form part of the record. No costs. Consequently, the connected miscellaneous petitions are closed.

Index : No 10.11.2016 Internet : Yes va To 1.The Subordinate Judge, Tambaram.

2.The Principal District Munsifcum-Rent Controller, Alandur.

M.DURAISWAMY,J.

va C.R.P.(NPD).No.2181 of 2016 and C.M.P.Nos.11431 & 16214 of 2016 10.11.2016 http://www.judis.nic.in