R.Udayakumar v. Mageswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRP.(NPD)No.567 of 2017 and C.M.P.Nos.2834 & 12676 of 2017 R.Udayakumar

...Petitioner/Tenant

Vs Mageswari ...Respondent/Landlady PRAYER: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 18/1960 as amended by Act 23/1973) and Act 1/1980) praying to set aside the Judgement and Decree made in R.C.A.No. 8 of 2014, dated 19.07.2016 on the file of the Court of the Rent Control Appellate Authority/Subordinate Judge, Vaniuyambadi, Vellore District, reversing the Judgment and Decree made in RCOP No. 15 of 2008, dated 28.04.2014 on the file of the Court of the Rent Controller/Principal District Munsif, Ambur, Vellore and this Revision may be allowed.

For Petitioner : Mr.M.V.Krishnan For Respondent : Mr.R.Muthukkanu *****

O R D E R

The challenge made by the tenant in the present Revision is against the order passed in the appeal in R.C.A. No.8 of 2014.

2. Today, when the matter is called, it is submitted by the counsels for both the petitioner and the respondent herein that the dispute between the parties have been amicably resolved and the landlady has permitted the petitioner/tenant herein to occupy the premises for a period of nine months from 24.10.2018 onwards and thereafter, the petitioner herein shall vacate and handover the possession to the respondent/landlady.

3. To this effect, the petitioner/tenant has filed an affidavit dated 24.10.2018 and has duly signed in the affidavit which reads as follows: I, R. Udayakumar, Son of Rajamanicka Mudaliar, Hindu, aged 60 years, residing at No.13, 1st Street, Kamarajar Salai, Krishnapuram, Ambur, Vellore District, now come down to Chennai, do hereby solemnly affirm and sincerely state as follows:-

1. I submit that under the Understanding reached with the Respondent/Landlady I undertake to vacate and

handover possession of the Non-residential Building bearing New Door No.13, (old Door No.1/C), Gandhi Road (a) Reddy Street, Ambur, Vellore District, to the Landlady in 9 (Nine) months from today and deposit the monthly rents in court by the 10th of every month.

4. The learned counsel for the respondent/landlady has also submitted that they have accepted the affidavit filed by the petitioner herein and is also willing to permit the petitioner to occupy the premises for nine months commencing from 24.10.2018, on condition that the petitioner herein deposits the monthly rents in the Court, before the 10th day of each month.

5. In view of the submissions made, and recording the affidavit dated 24.10.2018, the Civil Revision Petition stands closed with a direction to the petitioner herein to vacate and hand over vacant possession of the Non-Residential Building bearing New Door No.13, (old Door No.1/c), Gandhi Road (a) Reddi Street, Ambur, Vellore District, to the respondent herein within a period of nine months commencing from 24.10.2018 (i.e. from the date of the affidavit) on

further condition that the petitioner herein shall deposit the monthly rents in the Court before 10th day of each month. Consequently, connected Miscellaneous Petitions are closed. No costs. 26.10.2018 Index: Yes/No Internet: Yes/No vsn/dh To

1. The Rent Control Appellate Authority/ Subordinate Judge, Vaniuyambadi, Vellore District.

2. The Rent Controller/ Principal District Munsif, Ambur, Vellore

M.S.RAMESH. J., vsn/dh CRP.(NPD)No.567 of 2017 26.10.2018