Boopal, v. Kannan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD)No.3445 of 2022 Boopal ... Petitioner versus Kannan ... Respondent Civil Revision Petition filed under Section 25 of Tamilnadu Buildings Lease and Rent Control Act, against the fair and decreetal order dated 05.10.2021 made in R.C.A.No.2 of 2016 on the file of the learned Principal Subordinate Judge, Tiruchirappalli, reversing the fair and decreetal order dated 22.06.2015 made in R.C.O.P.No.44 of 2013 on the file of the Rent Controller (Principal District Munsif), For Petitioner : Mr.R.Sundar Srinivasan For Respondent : Mr.P.Thiagarajan

ORDER

This Civil Revision Petition is filed by the petitioner/tenant against the fair and decreetal order dated 05.10.2021 made in 1/4

R.C.A.No.2 of 2016 on the file of the Rent Control Appellate Authority (learned Principal Subordinate Judge), Tiruchirappalli, reversing the fair and decreetal order dated 22.06.2015 made in R.C.O.P.No.44 of 2013 on the file of the Rent Controller (Principal District Munsif),

2. When the Civil Revision Petition is taken up for hearing, the learned counsel appearing for the petitioner submits that the petitioner is now aged about 80 years old and he is also taking treatment in a nearby hospital and therefore, he requires six months' time to vacate the premises and handover the possession to the respondent/landlord. The petitioner has also filed an undertaking affidavit that he will vacate the premises within six months.

3. Though this Court is not inclined to entertain the Civil Revision Petition on the grounds raised in the Civil Revision Petition, considering the request made by the petitioner that since he is now 2/4

aged about 80 years old and he is also taking treatment in a nearby hospital, he requires six months' time to vacate the premises, this Court is inclined to grant six months' time to vacate the premises and hand over the possession to the respondent/landlord.

4. Accordingly, the Civil Revision Petition is disposed of with a direction to the petitioner/tenant to vacate the premises and hand over the possession to the respondent/landlord, within a period of six months from today, i.e. on or before 09.07.2023. The petitioner shall pay the rent to the landlord till the date of vacating the premises without any default. No costs. Consequently, connected miscellaneous petition is closed.

10.01.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The learned Principal Subordinate Judge,

2. The Principal District Munsif,

3. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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