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Madras High CourtCRP/3485/2022disposed of

Thulasi Pharmacies India Private Ltd v. E.Manoharn

2024-08-02Honourable Mr Justice Battu Devanand4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and C.M.P. No. 18558 of 2022 1.M/s. Thulasi Pharmacies India Pvt., Ltd., Rep., by its Managing Director, M. Ramakrishnan 2.M. Ramakrishnan ... Petitioners Vs.

E. Manoharn ... Respondent Civil Revision Petition is filed under Section 25(1) of the Tamil Nadu Buildings (Lease and Rent) Control Act, to set aside the order and decreetal order made in R.C.A. No. 238 of 2016 dated 01.09.2022 on the file of VIII Court of Small Causes (Appellate Authority) Chennai, confirming the order and decreetal order made in R.C.O.P. No. 1089 of 2010 dated 09.09.2015 on the file of X Small Causes Court at Chennai.

For Petitioners : Ms. Vasudha Thiagarajan For Respondent : Mr. M. Stalin 1/4

O R D E R

This Civil Revision Petition has been filed against the order dated 01.09.2022 in R.C.A. No. 238 of 2016 on the file of VIII Court of Small Causes (Appellate Authority) Chennai confirming the order and decreetal order of eviction made in R.C.O.P. No. 1089 of 2010 dated 09.09.2015 on the file of X Court of Small Causes (Rent Controller) Chennai.

2. During the course of hearing, the learned counsel for the petitioner submits that the petitioner is ready to vacate premises and they require six months time to vacate and handover the vacant possession of the premises to the respondent. She also submits that the petitioner will pay the rent to the respondent without any delay or default till they are in possession of the said property for the next six months. The undertaking affidavit also filed on behalf of the petitioner and it is placed on record.

3. Learned counsel for the respondent also agreed for the proposal of the petitioner to vacate the premises within six months and to handover the vacant possession of the premises to the respondent. 2/4

4. In view of the same, in our considered view, no further adjudication is required in the present civil revision petition. It is appropriate to dispose of this civil revision petition by placing the undertaking affidavit filed by the petitioner on record and recording the petitioner's undertaking that he shall vacate the premises within six months by 31.01.2025 and handover the vacant possession to the landlord. The petitioner shall continue to pay the agreed rent to the respondent up to 31.01.2025 without any delay or default. It is made it clear to the petitioner that no further extension of time will be granted under any circumstances.

5. Accordingly, the Civil Revision Petition is disposed of.

6. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

02.08.2024 Index : Yes / No AT 3/4

BATTU DEVANAND, J.

AT To 1.The VIII Court of Small Causes (Appellate Authority) Chennai. 2.The X Court of Small Causes at Chennai.

C.R.P. No. 3485 of 2022 and C.M.P. No. 18558 of 2022 02.08.2024 4/4