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Madras High CourtCRP(MD)/2498/2024dismissed

Balamurugan v. Lakshmi

2024-10-28Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD)No.14346 of 2024 Balamururgan ... Petitioner Vs Lakshmi represeneted by its power agent, Ramesh. ... Respondent PRAYER : Civil Revision Petition is filed under Section 25 of the Tamilnadu Buildings Lease and Rent Contract Act, 1960, against the Judgment and Decree made in R.C.A.No.2 of 2021 dated 29.04.2023, on the file of the Principal Sub Court, Pudukottai, confriming the Judgement and decree made in R.C.O.P.No.26 0f 2013 dated 22.2.2021 on the file of District Munisf Court, Pudukottai and the Civil Revision Petition to be allowed.

For Petitioner : Mr.N.Kamesh For Respondent : M/s.N.Balakrishnan 1/5

ORDER

The Tenant has filed this Civil Revision Petition against the Judgment and Decree made in R.C.A.No.2 of 2021 dated 29.04.2023, on the file of the Principal Sub Court, Pudukottai, confirming the Judgement and Decree made in R.C.O.P.No.26 0f 2013 dated 22.2.2021 on the file of District Munisf Court, Pudukottai.

2. The Tenant is the Revision Petitioner herein and the Landlord is the Respondent herein. The Landlord has filed R.C.O.P. No.26 of 2013 on the ground of own occupation as well as default. The plea of willful default was disallowed and but the plea of occupation was upheld.

3. The contention of the landlord is that the said property is necessary for his own occupation wherein he had intended to run an Auto mechanic shop. The contention of the tenant is that the dispute rented property is small area and the landlord is having another own building and hence the said small area was not necessary for the landlord. It is seen both the courts have considered the plea of 2/5

the tenant and had rejected. The tenant has not raised any valid grounds to interfere with the impugned orders passed by the Courts below and therefore, this Civil Revision Petition is liable to be dismissed.

4. Accordingly, this Civil Revision Petition stands dismissed. However, the tenant/revision petitioner herein is directed to vacate the premises and hand over the possession to the landlord/respondent herein on or before 31.07.2025. No Costs. Consequently, connected miscellaneous petition is closed. 28.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes KSA Note : Issue a copy of order on 06.01.2025 3/5

To

1. The Principal Sub Court, Pudukottai.

2. The District Munisf Court, Pudukottai.

3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

KSA 28.10.2024 5/5