Madras High CourtCRP(MD)/923/2016allowed

Between v. N.Chandrasekaran,

2018-10-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Twenty Ninth day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRP(MD) No.923 of 2016 R.S.Ganesan ... Petitioner Vs.

N.Chandrasekaran

...Respondent

Petition filed under Section 25 of the Tamilnadu Buildings (Lease and Rent Control) Act, 1960 to set aside the decree and judgment of the lower court dated 26.02.2015 passed in RCA No.21 of 2013 by the Principal Sub Court, Tirunelveli confirming the RCOP No.31 of 2011 by the Principal District Munsif Court, Tirunelveli, dated 22.01.2013.

DECREE:

This petition is coming on for hearing on this day, upon perusing the grounds of petition, Judgment and Decree of the lower Appellate Court and the Court of first instance and the material papers of the petition and upon hearing the arguments of Mr.R.Ramasamay, Advocate for the petitioner and Mr.S.P.Maharajan, Advocate for the Respondent, this Court while allowing the petition terms of undertaking affidavit above order and decree as follows; (i)That the judgment and decree of the Principal Sub ordinate Judge, Tirunelveli, dated 26.02.2015 made in RCA.No.21/2013 confirming the judgment and decree of the Principal District Munsif, Tirunelveli, dated 22/01/2013 made in RCOP No.31/2011 be and hereby are set aside.

(ii)That, the Respondent herein/Tenant shall be permitted to reside and occupy the petitioner mentioned premises ((i.e) Bearing door No.56E, House, Annadhana Vinayagar Koil Street, Pettai, Tirunelveli Taluk) for period upto 31.10.2019 without payment of any rent.

(iii)That, the Respondent herein/Tenant shall hand over the possession in question ((i.e) Bearing door No.56E, House , Annathana Vinayagar Koil Street, Pettai, Tirunelveli Taluk) to the land lord on or before the above said date, and;

(iv)That, there be no order as to costs on this Civil Revision Petition.

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(*)Schedule of Propery The Tirunelveli District, Pettai, door No.56E , Annathana Vinayagar Koil Street.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Principal Sub Judge, Tirunelveli.

2.The Principal District Munsif , Tirunelveli. Copy To:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 copies) + 1 CC TO Mr.R.RAMASAMY , ADVOCATE IN SR No. 93541. + 1 CC TO Mr.S.P.MAHARAJA , ADVOCATE IN SR No. 93019. SKM DS BK SAR1 30 01 2019 2P 7C ORDER DATED:29/10/2018 DECREE CRP (MD)No.923 of 2016 Allowing the petition preferred against the judgment and decree of the Principal Subordinate Judge, Tirunelveli, dated 26.02.2015 made in RCA.No.21/2013 and etc., as stated within.

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