Madras High CourtCRP(MD)/2093/2017disposed of

S.Selvam, S/O.Late. v. V.Jayakumar,

2017-11-29Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2017

CORAM:

THE HONOURABLE MRS.JUSTICE J. NISHA BANU CRP(MD).No.2093 of 2017 and CMP(MD).No.10436 of 2017 S.Selvam :Petitioner /Respondent/Respondent/ Tenant Vs.

V. Jayakumar :Respondent/Petitioner/Petitioner Landlord Prayer: This Civil Revision Petition is filed to call for the records pertaining to the fair and decreetal order passed in E.P.No.77 of 2015 in RCOP.No.234 of 2006 dated 06.11.2017 on the file of the Additional Rent Controller / Additional District Munsif Court, Madurai Town and set aside the same. For Petitioner : Mr. M. Veilkani Raju For respondent : Mr.M. Ponniah

O R D E R

This Civil Revision Petition is filed to call for the records pertaining to the fair and decreetal order passed in E.P.No.77 of 2015 in RCOP.No.234 of 2006 dated 06.11.2017 on the file of the Additional Rent Controller / Additional District Munsif Court, Madurai Town and set aside the same.

2. When the matter was taken up for hearing, the learned counsel for the petitioner would pray for time to vacate the premises and he has filed an undertaking affidavit, dated 27.11.2017. In that affidavit, the petitioner undertakes that he would vacate the premise No.111B, South Avani Moola Street, "Sri Vasavi Jewellers", Madurai - 625 001 and hand over the possession to the respondent / landlord on or before 31.03.2018.

3. The learned counsel appearing for the respondent has also got no objection for the same.

4. Recording the said undertaking affidavit, the petitioner is directed to vacate the premises on or before 31.03.2018 and if the petitioner fails to vacate the premises, the learned counsel for the respondent can proceed with eviction without filing formal Execution Petition.

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5. With the above direction, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. The undertaking affidavit dated 27.11.2017 shall form part of this order.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar Encl:Xerox copy of the terms of Terms of Affidavit of Undertaking To The Additional Rent Controller / Additional District Munsif Court, Madurai +1cc to Mr.M.VEILKANIRAJU,Advocate,SR.90125 +1cc to Mr.M.PONNIAH,Advocate,SR. 90150 CRP(MD).No.2093 of 2017 and CMP(MD).No.10436 of 2017 29.11.2017 TRP KK/SKN RSK/SAR 1/30.11.2017/ 2P- 4C/ https://hcservices.ecourts.gov.in/hcservices/