Madras High CourtCRP(MD)/2222/2016disposed of

Balakrishnan (M/38) v. V.Kumaresan

2016-11-29Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 29.11.2016

CORAM

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR C.R.P.(MD)(NPD)No.2222 of 2016 and C.M.P. (MD)No.10304 of 2016 Balakrishnan .. Petitioner vs 1.V.Kumaresan 2.P.Ulaganathan 3.U.Kasipazham .. Respondents The Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 by setting aside the fair and decretal order made in R.C.O.P.No.2 of 2010 dated 14.07.2011 on the file of the Rent Controller/District Munsif, Sathankulam confirming the above order by the fair and decretal order made in R.C.A.No.12 of 2011, dated 15.03.2016 on the file of the Rent Control Authority/Sub-Court, Thoothukudi. For Petitioner ... Mr.S.R.Anbarasu For 1st Respondent ... Mr.S.Kadarkarai

O R D E R

The present Civil Revision Petition has been filed to set aside the fair and decretal order made in R.C.O.P.No.2 of 2010 dated 14.07.2011 on the file of the Rent Controller/District Munsif, Sathankulam confirming the above order by the fair and decretal order made in R.C.A.No.12 of 2011, dated 15.03.2016 on the file of the Rent Control Authority/Sub-Court, Thoothukudi. 2.Today, when the matter is taken up for hearing the learned counsel for the petitioner filed an affidavit of undertaking, dated 28.11.2016 stating that the petitioner will vacate the schedule mentioned premises on or before 30.08.2017 and hand over vacant possession of the same to the first respondent/landlord on https://hcservices.ecourts.gov.in/hcservices/

01.09.2017. The affidavit of undertaking filed by the petitioner is recorded.

3.The learned counsel for the first respondent submitted that the petitioner has to pay arrears of rent and also the future rent to the first respondent.

4.In view of the same, the learned counsel for the petitioner undertakes that the petitioner will pay the admitted arrears of rent to the first respondent within a period of four weeks from the date of receipt of a copy of this order. In respect of future rent is concerned, the petitioner will pay the same on or before 5th of every succeeding English Calendar month. 5.Recording the submission made by the learned counsel for the petitioner, the civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To (*)UNDERTAKING AFFIDAVIT XEROX COPIES ARE ENCLOSED HEREWITH 1.The Rent Controller/ District Munsif, Sathankulam.

2.The Rent Control Appellate Authority/ Subordinate Judge, Thoothukudi.

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

+One cc to Mr.S.Kadarkarai, Advocate, SR.No.74614 cla RL/5C/2P/EM/MPA/27.12.2016 C.R.P.(MD)(NPD)No.2222 of 2016 Date: 29.11.2016 https://hcservices.ecourts.gov.in/hcservices/