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Madras High CourtCRP(MD)/175/2022disposed of

T.P.Ramesh Babu v. L.N.T.Mahadevan

2022-06-14Honourable Mr Justice B.Pugalendhi2 pages

CRP(MD)No.175 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI CRP(MD)No.175 of 2022 and C.M.P.(MD)No.780 of 2022

1. T.P.Ramesh Babu

2. Vasanthi ... Petitioners/Apellants/Respondents/Tenants versus L.N.T.Mahadevan ... Respondent/Respondent/Petitioner/Landlord Civil Revision Petition filed under Section 25 of the Tamil Nadu Building (Lease and Rent Control) Act, 1960, against the fair and decreetal order dated 29.10.2021 made in R.C.A.No.29 of 2018 on the file of the Rent Controller Appellate Authority (Principal Sub Court), Madurai, against R.C.O.P.No.154 of 2006 on the file of the Principal Rent Controller, Madurai Town [Principal Distict Munsif Court, Madurai Town] dated 10/01/2018.

For Petitioners : Mr.C.Jeyaprakash For Respondent : Mr.M.Rajaraman

ORDER

This Civil Revision Petition is filed against the fair and decreetal order dated 29.10.2021 made in R.C.A.No.29 of 2018 on the file of the Rent Controller Appellate Authority (Principal Sub Court), Madurai.

2. The petitioners herein are tenants in the Rent Control Original Proceedings initiated by the landlord/respondent herein. The landlord/respondent herein filed a petition in R.C.O.P.No.154 of 2006 before the Rent Controller, namely, the Principal District Munsif Court, Madurai, for eviction and recovery of possession on the ground of willful default in payment of rent. The tenants/petitioners herein denied all the allegations made by the landlord/respondent herein. After enquiry, the Rent Controller, by order dated 10.01.2018, allowed the petition, directing the tenants to vacate the premises and handover the possession of the petition mentioned property to the landlord within a period of two months. Aggrieved over the same, the tenants filed an appeal in R.C.A.No.29 of 2018 before the Rent Control Appellate Authority, namely, the Principal Sub Court, Madurai. The Rent Control Appellate Authority, by order dated 29.10.2021, confirmed the order passed by the Rent Controller and dismissed the appeal. Aggrieved over the same, the tenants are before this Court.

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CRP(MD)No.175 of 2022

3. Today, when the matter is taken up for hearing, the petitioners/tenants have appeared before this Court and filed an affidavit stating that they are running a shop in the property situated at Door No.115, Palace Road, Madurai and undertake to vacate the said premises on 31.12.2022. Therefore, they requested this Court to grant time till 31.12.2022 to vacate the said premises and hand over the possession to the landlord. The learned counsel appearing for the respondent/landlord has also agreed for the same.

4. Recording the same, the Civil Revision Petition is disposed of. It is made clear that the tenants/petitioners herein shall pay the rent to the landlord till 31.12.2022 without fail and hand over the key to the landlord on 31.12.2022. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS I) // True Copy // /07/2022 Sub Assistant Registrar(CS) ogy To

1. The Principal Sub Judge, (Rent Controller Appellate Authority), Madurai.

2. The Principal District Munsif, (Rent Controller) Madurai Town.

Copy to:- The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C. JEYAPRAKASH,Advocate ( SR-25685[F] dated 14/06/2022 ) +1 CC to M/s.M. RAJARAMAN, Advocate( SR-25718[F] dated 15/06/2022 ) CRP(MD)No.175 of 2022 14.06.2022 MGJ(04.07.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2