Mohan Kumar v. Ismail Musa Wakf

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA C.R.P.(NPD).No.1315 of 2025 and CMP No.7804 of 2025 Mohan Kumar, carrying on business at Shop No.7, Ground Floor, Old No.9, New No.17, Venkatesan 1st Street, Anna Salai,Chennai 600 002 ... Petitioner Vs M/s. Ismail Musa Wakf represented by its Muthavalli Mr.Aejaz Sait, "Yafa Guest House", 4th FLoor, No.22, Model School Road,Chennai - 600 006 ... Respondents PRAYER : Civil Revision Petition filed under Section 25 of the Tamilnadu Building (Lease and Rent Control) Act, 1960 to set aside the order dated 09.10.2023 passed by the learned VII Judge, Small Causes Court, Chennai in RCA No.30 of 2018 confirming the order dated 29.06.2017 passed by the learned XVI Judge, Small Causes Court, Chennai in RCOP No.1965 of 2013. 1 / 4

For Petitioner :

Mr. N. Saravanan For Respondent :

Mr. K.P.Ashok

O R D E R

To set aside the concurrent findings of the Court below ordering eviction of the revision petitioner on the ground of demolition and reconstruction, the present Civil Revision Petition has been filed.

2. When the matter is taken up today, the revision petitioner has filed an affidavit of undertaking before this Court stating that since he was running a business, he will vacate the premises within a period of one year. The affidavit of undertaking filed by the petitioner is taken on record.

3. Taking note of the fact that the Original Petition is of the year 2013, as the eviction has been ordered for demolition and reconstruction, one year time is too long. However, taking into consideration the nature of the business of the revision petitioner and in order to establish his business in some other place, reasonable time is required.

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4. It is also to be noted that this Court, in respect of the revision petition filed by the Co-tenant in CRP(NPD) NO.36 of 2025, dismissed the revision petition vide order dated 08.01.2025, however, granted seven months time, i.e., on or before 08.08.2015, to the co-tenant to vacate the premises.

5. Accordingly, this Civil Revision Petition is dismissed confirming the order of the Courts below. No costs. The revision petitioner has to vacate and hand over the premises on or before 08.08.2025. It is made clear that in the event the revision petitioner fails to vacate and hand over the premises on or before 08.08.2025, he will be liable to be proceeded for contempt. Consequently, connected miscellaneous petition is closed.

27.03.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mrp 3 / 4

A.D.JAGADISH CHANDIRA, J.

mrp To

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

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

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

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