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Madras High CourtCRP/3786/2023disposed of

Mohammed Amanullah v. Prem Krishna Natarajan

2023-11-22Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2023 CORAM :

THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI Civil Revision Petition No.3786 of 2023 and C.M.P. No.23512 of 2023 --- Mohammed Amanullah ... Petitioner

Versus

Prem Krishna Natarajan, Rep., by his Power of Attorney Agent, G.Natarajan, No.19, First Cross Street, Lake Area, Nunmgambakkam, Chennai 600 034.

...Respondent

Civil Revision Petition filed Under Article 227 of Constitution of India, praying to allow the revision and set aside the Order and Decree dated 21.04.2023 made in R.L.T.A.No.109 of 2022 passed by the Learned Rent Control Appellate Authority - The VI Additional City Civil Judge, Chennai confirming the order and decree dated 17.08.2022 made in R.L.T.O.P.No.257 of 2020 passed by the Rent Controller - the XI Small Causes Judge, Chennai. For Petitioner :

Mr.K.Mahalingam For Respondent :

Mr.A.R.Suresh 1\4

O R D E R

The petitioner has filed this revision petition to allow the revision and set aside the Order and Decree dated 21.04.2023 made in R.L.T.A.No.109 of 2022 passed by the Learned Rent Control Appellate Authority - The VI Additional City Civil Judge, Chennai confirming the order and decree dated 17.08.2022 made in R.L.T.O.P.No.257 of 2020 passed by the Rent Controller - the XI Small Causes Judge, Chennai.

2. Heard,Mr.K.Mahalingam, learned counsel for the petitioner and Mr.A.R.Suresh, learned counsel appearing for the respondent and perused the materials available in the record.

3. Today, when the matter is taken up for hearing, the learned counsel for the revision petitioner filed an undertaking affidavit, seeking time for one year to vacate the premises. Admittedly, she is running shop and the petitioner was a tenant under the respondent for more than 10 years.

4. Considering the facts and circumstances, this Court is inclined to grant three months time to the petitioner to vacate the premises. On the date of handing over the premises, the Landlord is directed to return the advance 2\4

amount of Rs.50,000/- to the petitioner. If the petitioner failing to vacate the premises within three months from the date of receipt of a copy of this order, the land lord is entitled to approach the Executing Court in the manner known to law.

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

22.11.2023 Index : Yes/No Speaking/Non Speaking order rri To

1. The Rent Control Appellate Authority - The VI Additional City Civil Judge, Chennai.

2.The Rent Controller - the XI Small Causes Judge, Chennai. 3.The Section Officer, VR-Section, High Court of Madras.

3\4

T.V.THAMILSELVI, J.

rri Civil Revision Petition No.3786 of 2023 and C.M.P. No.23512 of 2023 22.11.2023 4\4