Madras High CourtCRP(MD)/1487/2022dismissed

V.Ramesh v. Sundarrajan

2022-07-28Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI CRP(MD)No.1487 of 2022 and CMP(MD) No.6239 of 2022 V.Ramesh ... Petitioner Vs 1.Sundarrajan 2.L.V.Suresh ... Respondents Prayer: Petition filed under Article 227 of the Constitution of India, to call for records relating to the order passed by appellate authority / Principal Sub Judge, Madurai in RCA NO.50 of 2021, dated 17.03.2022 and the order passed by the Rent Controller/Additional District Munsif Court, Madurai in RCOP No.149 of 2013, dated 16.04.2021 and set aside the same.

For Petitioner : Mr.S.Sivasamy For Respondents : Mr.T.Selvan 1/5

O R D E R

This Civil Revision Petition is filed by the tenant as against the orders passed by the Appellate Authority and the Rent Controller in RCA NO.50 of 2021, dated 17.03.2022 and in RCOP No.149 of 2013, dated 16.04.2021 respectively.

2.The first respondent/landlord has filed R.C.O.P.No.149 of 2013 before the Additional Rent Controller/Additional District Munsif Court, Madurai Town, under Section 10(2) (I) and 10(3) (a) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for eviction as against the petitioner and the second respondent herein/tenants and the same was allowed with a direction to the tenants to vacate the petition mentioned property and to hand over the possession of the same to the landlord within a period of one month. As against the order of the Rent Controller, the tenants have preferred an appeal in R.C.A.No.50 of 2021 before the Rent Control Appellate Authority, Madurai and the same was dismissed with a direction to the tenants to vacate and hand 2/5

over the possession within a period of two months. Aggrieved over the same, the present Civil Revision Petition is filed by the petitioner/tenant. 3.When this Court is not inclined to entertain this Civil Revision Petition, the learned counsel appearing for the petitioner/tenant requested short accommodation for vacating the premises and also filed an affidavit to the effect that if sufficient time of four months is granted, the petitioner will vacate the premises by arranging alternative place and hand over the possession.

4.The learned counsel appearing for the respondent submits that he is also ready to accept for granting further time of four months i.e on or before 28.11.2022 to vacate the premises. 5.Considering the affidavit filed by the petitioner that he will vacate the premises within a period of four months and also taking into account that the respondent /landlord has also agreed for the same, 3/5

this Civil Revision Petition is dismissed with a direction to the petitioner to hand over the possession of the property to the respondent on or before 28.11.2022, without fail. No costs. Consequently, connected Miscellaneous Petition is closed.

28.07.2022 Index : Yes / No.

Internet : Yes / No.

vrn To 1.The Principal Sub Judge, Madurai.

2.The Additional District Munsif Court, Madurai. 4/5

B.PUGALENDHI, J.

vrn Order made in 28.07.2022 5/5