K.Mani v. C.S.Suresh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023 CORAM :

THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI and C.M.P.No.21447 of 2023 K.Mani ... Petitioner Vs.

1.C.S.Suresh Kumar 2.C.S.Suguna ... Respondents PRAYER: Civil Revision Petition filed Under Section 25 of the Tamil Nadu Building (Lease and Rent Control) Act 1974, against the order passed in R.C.A.No.71 of 2020 on the file of the Learned VIII Judge, Small Causes Court, Chennai, dated 09.06.2023. Confirming the order passed in RCOP.No.1150 of 2017, dated 21.01.2020 on the file of the XVI Judge, Small Causes Court, Chennai.

For Petitioner :

Mr.S.Krishnasamy 1\5

For Respondents :

Mr.K.G.Kannan

ORDER

This petition has been filed to set aside the order passed in R.C.A.No.71 of 2020 on the file of the Learned VIII Judge, Small Causes Court, Chennai, dated 09.06.2023.

2. Heard, Mr.S.Krishnasamy, learned counsel for the appellant and Mr.K.G.Kannan learned counsel for the respondents and perused the materials available in the record.

3 When the matter is taken up for hearing, today, the learned counsel for the petitioner submitted that the respondents have filed RCOP.No.1150 of 2017 for evicting the petitioner from the suit property on the ground of demolition and reconstruction. The said RCOP was allowed as prayed for on 21.01.2020, by the XVI Judge, Small Causes Court, Chennai. Against which the petitioner has preferred RCA.No.71 of 2020 on the file of the learned VIII Judge, Small Causes Court, Chennai but the said Appeal was allowed on 09.06.2023 confirming the order of the trial Court. He further 2\5

submitted that the revision petitioner has filed an unconditional undertaking to vacate the portion under his occupation situated in Old No.20, New No.45, Aravamudha Garden street, Egmore, Chennai-600 008 within a period of 6 months from 20.10.2023. He further undertake that he shall vacate and deliver the vacant possession to the respondent / landlord herein on or before 20.04.2024.

4. The affidavit filed by the revision petitioner is recorded. Accordingly, six months time is granted to the petitioner to vacate and hand over the premises to the landlord from 20.10.2023. Failing which, the landlord is entitled to approach the Executing Court.

5. In view of the above, this Civil Revision Petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.

20.10.2023 Index : Yes/No Speaking/Non Speaking order 3\5

rri T.V.THAMILSELVI, J.

rri To 1.The VIII Judge, Small Causes Court, Chennai. 2.The Section Officer, VR-Section, High Court of Madras.

and C.M.P.No.21447 of 2023 4\5

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