Madras High CourtCRP/3733/2016withdrawn dismissed

Valarmathi Glass Works v. K.M. Balaji

2017-08-29Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2017

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ CRP (NPD) NOS.3733 OF 2016 AND 1431 OF 2017 AND CMP NOS.18927 OF 2016 AND 6663 OF 2017 Valarmathi Glass Works, Rep. by its Partner V.Raja, S/o. Venkatesan, 23/1, Manickam Chetty Street, Choolai, Chennai ...

Petitioner in both CRPs'

vs.

K.M.Balaji Rep.by his Power Agent K.K. Mohan No. 3, Hunter's Road, Choolai, Chennai-112.

...

Respondent in both CRPs'

PRAYER IN CRP (NPD) NO.3733 OF 2016: Civil Revision Petition filed under Section 25 of T.N.B (Lease and Rent Control ) Act, to set aside the order dated 21.09.2016 passed in RCA No.527 of 2014 on the file of learned VII Judge, Court of Small Causes at Chennai confirming the order dated 22.07.2014 passed in RCOP No.2173 of 2007 on the file of learned XVI Judge, Court of Small Causes at Chennai.

PRAYER IN CRP (NPD) NO.1431 OF 2017: Civil Revision Petition filed under Section 25 of T.N.B (Lease and Rent Control ) Act, to set aside the

order dated 21.09.2016 passed in RCA No.528 of 2014 on the file of learned VII Judge, Court of Small Causes at Chennai confirming the order dated 22.07.2014 passed in RCOP No.2172 of 2007 on the file of learned XVI Judge, Court of Small Causes at Chennai.

For Petitioner :

Mr.S.Packiaraj For Respondent :

Mr.L.Prabakaran COMMON ORDER The revision petitioner is the tenant. The respondent/landlord has filed two eviction petitions, one under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for fixation of fair rent and another under Section 14 of the Act, for demolition and reconstruction. The revision petitioner / tenant has lost the cases before the Courts below.

2. When the matter was taken up for hearing, the parties are agreed to settle the matter among themselves. As per the amicable settlement, the revision petitioner / tenant had undertook to vacate the premises on or before 30.09.2017, provided no claim of fair rent is demanded by the respondent / landlord. The respondent / landlord also agreed to forego the rental arrears. The revision petitioner / tenant has

further agreed to withdraw all the cases pending before the Civil, Criminal and Rent Control fora. He has also filed a common affidavit of undertaking dated 28.08.2017 to the effect that he will vacate the premises and hand over possession to the respondent / landlord on or before 30.09.2017 and that he will withdraw all the proceedings, including these Civil Revision Petitions.

3. The learned counsel for the revision petitioner has made an endorsement to the effect that the Civil Revision Petitions can be dismissed as withdrawn.

4. Recording the affidavit of undertaking as well as the endorsement made by the learned counsel for the revision petitioner, both the Civil Revision Petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 29.08.2017 Index :Yes/No Internet : Yes/No bsm/tk

M.GOVINDARAJ, J.

bsm/tk To

1. The VII Judge, Small Causes Court, Chennai.

2. The XVI Judge, Small Causes Court Chennai.

CRP (NPD) NOS.3733 OF 2016 AND 1431 OF 2017 29.08.2017