Madras High CourtCRP(MD)/2329/2018disposed of

M.Sekar v. A.2034, Dindigul Cooperative,

2018-10-30Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).No.2329 of 2018 and C.M.P.(MD)No.10382 of 2018 M.Sekar ... Petitioner/3rd Respondent/ Sub Tenant/3rd Respondent Vs.

1. A.2034, Dindigul Cooperative House Building Society Limited, Represented by its Secretary, G.Soundarapandian, Having Office at Nehruji Nagar, Dindigul.

... 1st Respondent/Petitioner/ Landlord

2. S.Chithambaram

3. S.Rajendran ... Respondents 2 & 3/ Respondents 1 & 2/ Respondents 1 & 2/Tenants (Respondents 2 & 3 are given up since they remind exparte) PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 27.08.2018 passed in E.P.No.20 of 2018 in R.C.O.P.No.27 of 2016 on the file of the Principal District Munsif, Dindigul and allow the present Civil Revision petition.

For Petitioner : Mr.R.J.Karthick For R-1 : Mr.T.Vadivelan

O R D E R

R.C.O.P.No.27 of 2016 on the file of the Rent Controller/Principal District Munsif, Dindigul, was filed by the first respondent herein for evicting the tenants. The Revision petitioner is shown as the third respondent in the R.C.O.P. He appears to be a sub-tenant. An eviction order was passed on 05.10.2017. The said order has become final. No R.C.A. was filed. To execute the said eviction order, E.P.No.20 of 2018 was filed. The Court below has passed an order for delivery. The same is questioned in this Civil Revision petition.

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2. The order passed by the Court below cannot be faulted. The Court below has merely implemented the eviction order. Taking into account the fact that the Revision petitioner is running a commercial establishment in the tenanted premises, this Court grants time till 31.05.2019. The Revision petitioner undertakes before this Court that he will hand over the possession of the property in question directly to the landlord, namely, the first respondent herein on 01.06.2019.

3. With this direction, the Civil Revision petition stands disposed of. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar(CS-II) To The Principal District Munsif, Dindigul District. COPY TO The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. 2 COPIES • 1 CC TO Mr.R.J.KARTHICK , ADVOCATE IN SR No. 93500. • 1 CC TO Mr.T.VADIVEL , ADVOCATE IN SR No.93496. • • PMU • DS RSK SAR2 24 12 2018 2P 6C C.R.P.(MD).No.2329 of 2018 and C.M.P.(MD)No.10382 of 2018 30.10.2018 https://hcservices.ecourts.gov.in/hcservices/