M.Manimaran v. Sulochana Ammal
C.R.P.(PD)(MD)No.1594 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.09.2019
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY C.R.P.(PD)(MD)No.1594 of 2019 and C.M.P.(MD)No.8411 of 2019 M.Manimaran .. Petitioner/Appellant/1st Respondent Vs.
1.Sulochana Ammal .. 1st Respondent/Respondent/Petitioner 2.Anandhan .. 2nd Respondent/ Respondent/2nd Respondent Prayer : This Civil revision petition is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, to call for the records pertaining to the fair and decreetal order dated 05.08.2019 made R.C.A.No.1 of 2014 on the file of the Rent Control Appellate Authority/Subordinate Judge, Pattukottai, confirming the fair and decreetal order passed in R.C.O.P.No.3 of 2012 dated 28.02.2014 on the file of the Rent Controller/District Munsif, Pattukottai and set aside the same.
For Petitioner : Mr.T.Lajapathi Roy For 1st Respondent : Mr.R.Nanda Kumar
ORDER
This Civil Revision Petition has been filed challenging the order passed in R.C.A.No.1 of 2014 dated 05.08.2019 on the file of the Rent Control Appellate Authority/Subordinate Judge, Pattukottai, confirming the fair and decreetal order passed in R.C.O.P.No.3 of 2012 dated 28.02.2014 on the file of the Rent Controller/District Munsif, Pattukottai.
2.The first respondent herein has filed a petition in R.C.O.P.No.3 of 2012 before the learned District Munsif (Rent Controller), Pattukottai. The Rent Controller, Madurai passed an order in favour of the first respondent herein. Aggrieved by the said order, the petitioner herein has filed an appeal in R.C.A.No.1 of 2014 before the learned Subordinate Judge/ (Rent Control Appellate Tribunal), Pattukottai and the Rent Control Appellate Tribunal dismissed the petition by confirming the order passed by the Rent Controller. Aggrieved by the order, the petitioner herein has filed the present Civil Revision Petition before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2
C.R.P.(PD)(MD)No.1594 of 2019 3.When the matter came for hearing, the learned counsel appearing for the petitioner filed an affidavit before this Court stating that his client shall vacate the premises within a period of one year. He would further submit that he would vacate the premises and hand over the key to the respondent within one year I.e. on or before 30.09.2020 and he is ready to abide any condition passed by this Court.
4.The learned counsel for the respondents submitted that he is agreeable for the same.
5.Recording the submission made by the learned counsel appearing for the petitioner as well the respondents and taking into consideration the affidavit filed by the petitioner dated 27.09.2019, this Court pass the following directions : (i)The petitioner is directed to vacate the premises on or before 30.09.2020.
(ii)In case, if there is any default in payment of rent, liberty is granted to the respondents to initiate appropriate legal proceedings to recover the arrears of rent in accordance with law. (iii)The affidavit filed by the revision petitioner dated 27.09.2019 shall form a part of the order.
6.With the above directions, this Civil Revision Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) Mrn Encl.:Xerox Copy of affidavit filed by the revision petitioner To
1. The Rent Control Appellate Authority/Subordinate Judge, Pattukottai,
2. The Rent Controller/District Munsif, Pattukottai +1 CC to Mr.R.NANDAKUMAR, Advocate ( SR-90114[F] dated 27/09/2019 ) +1 CC to Mr.T.LAJAPATHI ROY, Advocate (SR-90349[F] dated 30/09/2019 ) C.R.P.(PD)(MD)No.1594 of 2019 27.09.2019 MK (19.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2