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Madras High CourtCRP/429/2016dismissed

S.Manack Chand (M.C.Jain) v. D.Vasantha

2016-11-21Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(NPD).No.429 of 2016 and C.M.P.No.2233 of 2016 S.Manack Chand (M.C.Jain) ... Petitioner Vs.

D.Vasantha ... Respondent Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 1955 against the judgment and decree passed in R.C.A.No.407 of 2014 dated 22.04.2015 on the file of the VII Judge, Small Causes Court, Chennai confirming the order dated 09.06.2014 passed in R.C.O.P.No.783 of 2009 on the file of the XV Judge, Small Causes Court, Chennai.

For Petitioner : Mr.D.Ashok Kumar For Respondent : Mrs.S.Mythreye Chandru

O R D E R

Challenging the judgment and decree passed in R.C.A.No.407 of 2014 on the file of the VII Judge, Court of Small Causes, Chennai confirming the order passed in R.C.O.P.No.783 of 2009 on the file of the XV Judge, Court of

Small Causes, Chennai, the tenant has filed the above Civil Revision Petition.

2.When the matter was taken up for hearing on 17.11.2016, the learned counsel appearing for the petitioner, on instructions, submitted that the tenant is willing to vacate the premises on or before 30.04.2017. To that effect, the tenant has filed an affidavit of undertaking dated 21.11.2016 before this Court today.

3.In the affidavit of undertaking, the petitioner/tenant has stated that he is willing to vacate the premises on or before 30.04.2017. The petitioner as well as the respondent are present in the Court. 4.In view of the affidavit of undertaking filed before this Court, the order of eviction passed by the Courts below as against the tenant are confirmed. The affidavit of undertaking shall form part of the record. The Civil Revision Petition stands dismissed.

5.The petitioner/tenant is granted time till 30.04.2017 to vacate and handover vacant possession of the petition premises to the respondent/ landlady without driving her to initiate execution proceedings. No costs.

Consequently, the connected miscellaneous petition is closed. Index : No 21.11.2016 Internet : Yes va To 1.The VII Judge, Small Causes Court, Chennai.

2.The XV Judge, Small Causes Court, Chennai.

M.DURAISWAMY,J.

va C.R.P.(NPD).No.429 of 2016 and C.M.P.No.2233 of 2016 21.11.2016 http://www.judis.nic.in