S.Iqbaldeen v. M.Sardhaz

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 02.08.2019

CORAM:

THE HON'BLE MR. JUSTICE M.GOVINDARAJ and C.M.P.No.14896 of 2019 S.Iqbaldeen

...Petitioner

Vs.

1. M.Sardhaz

2. S.Ashik Rukhan

...Respondents

PRAYER: Civil Revision Petition filed under Section 115 of Code of Civil Procedure, to set aside the docket order of delivery dated 11.07.2019 made in E.P.No.24 of 2019 in R.C.O.P.No.119 of 2016 on the file of Learned Rent Control Authority and Principal District Munsif Court, Coimbatore.

For Petitioner : Mr.T.Balaji For Respondents : Mr.S.A.Sayed Shuhaibbi

O R D E R

The learned counsel for the petitioner submitted that the petitioner seeks some time for vacating and delivering vacant possession to the respondent-landlord, without prejudice to his complaint against the Bar Council of Tamil Nadu. He has also filed an affidavit of undertaking duly attested by the Commissioner of Oath, High Court, Chennai.

2. The petitioner appeared in person. When this Court inquired him about the affidavit of undertaking, he informed that it is his signature and he voluntarily undertook to deliver vacant possession. The affidavit of undertaking is taken on file and shall form part of the records.

3. Though, the petitioner seeks four months time to vacate, it is vehemently opposed by the respondents. The learned counsel appearing for the respondents submitted that at the maximum, he can be granted only two months. However, this Court, in order to strike a balance, grants three months time from today to vacate and handover vacant possession to the respondent-landlord.

4. Accordingly, the petitioner, as per his undertaking is directed to handover vacant possession and report compliance before this Court on 01.11.2019. During the subsistence of tenancy he shall continue to pay rent, till the date of handing over possession. Accordingly, the Civil Revision Petition is disposed of with the above direction. No costs. Consequently, the connected civil miscellaneous petition is closed.

02.08.2019 Index:Yes/No Speaking order/Non-speaking order sni To Rent Control Authority and Principal District Munsif Court, Coimbatore.

M. GOVINDARAJ.,J.

sni and C.M.P.No.14896 of 2019 02.08.2019