Madras High CourtCRP(MD)/1419/2014disposed of

N.Mohammed Kasim, v. S.N.Rahima Bi,

2019-07-18Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 18.07.2019

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.R.P.(MD)No.1419 of 2014 and M.P.(MD)No.1 of 2014 N.Mohammed Kasim ... Petitioner Vs.

S.N.Rahima Bi ... Respondent Prayer: Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings (Lease & Rent Control Act, 1960 to set aside the fair and decreetal order dated 26.03.2014 made in R.C.A.No.11 of 2012 on the file of the Rent Control Appellate Authority, (Prinicipal Sub-Court), Tiruchirapalli, confirming the fair and decreetal order dated 06.01.2012 made in R.C.O.P.No.103 of 2007 on the file of the Rent Controller (I Additional District Munsif Court), Tiruchirapalli and allow the Civil Revision Petition. For Petitioner : Mr.A.Arumugam For Respondent : Mr.P.Thiagarajan

ORDER

This Civil Revision Petition is filed by the Tenant challenging an order, dated 26.03.2014 made in R.C.A.No.11 of 2012. The said Rent Control Appeal was filed against the order dated 06.01.2012 made in R.C.O.P.No.103 of 2007.

2.At the hearing, the learned counsel appearing for the revision petitioner has filed an affidavit dated 10.07.2019 wherein he has undertaken as follows:

"3)I respectfully state that without in going to the merits of the case, I hereby undertake to vacate and handover the vacant possession of the demised premises on or before 31.01.2020". 3.The learned counsel appearing for the respondent submitted that the Civil Revision Petition may be disposed of, in accordance with the undertaking and subject to a default clause. 4.In view of the said undertaking and subject to strict compliance thereof, this Civil Revision Petition is disposed of by directing the revision petitioner to hand over vacant possession of subject matter premises to the respondent / land lord on or before 31.01.2020. In the event of default, this Civil Revision Petition https://hcservices.ecourts.gov.in/hcservices/

shall stand dismissed ipso facto and the respondent shall be entitled to execute the decree for eviction and obtain vacant possession without reference to this Court.

5.This Civil Revision Petition is disposed of, in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Rent Control Appellate Authority, (Prinicipal Sub-Court), Tiruchirapalli.

2.The Rent Controller (I Additional District Munsif Court), Tiruchirapalli.

+1 CC to M/s.P.THIAGARAJAN, Advocate ( SR-76496[F] dated 19/07/2019 ) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-76254[F] dated 19/07/2019 ) C.R.P.(MD)No.1419 of 2014 18.07.2019 GNS JM/07.08.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/