M.Jagatheesan v. S. Vigneshwaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2024 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and C.M.P. (MD) No. 4964 of 2024 1.M.Jagatheesan 2.S.Parameshwari 3.S.Muralidharan ... Petitioners Vs.

S.Vigneshwaran ... Respondent PRAYER:- Petition filed under Article 227 of the Constitution of India, to set aside the order dated 16.08.2022 passed by the Principal Rent Control Appellate Authority / Principal Subordinate Judge (Rent Control Appellate Authority),Madurai in R.C.A. No. 59 of 2019 filed against the order dated 29.03.2019 in R.C.O.P. No. 194 of 2014 passed by the Principal Rent Controller / Principal District Munsif, Madurai Town. For Petitioners : Mr. M.Rajaraman For Respondent : Mr. K.Muraleedharan 1/4

O R D E R

The Civil Revision Petition challenges the order of eviction dated 16.08.2022 passed by the Principal Rent Control Appellate Authority/ Principal Subordinate Judge (Rent Control Appellate Authority) in R.C.A. No. 59 of 2019 for eviction of the Petitioner from the property belonging to the Respondent, in their occupation, reversing the order dated 29.03.2019 in R.C.O.P. No. 194 of 2014 passed by the Principal District Munsif, Madurai Town (Rent Controller).

2.

Heard Mr. M.Rajaraman, Learned Counsel appearing for the Petitioners and K.Muraleedharan, Learned Counsel appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.

3.

When the matter is taken up for hearing today, the Petitioners have filed an affidavit dated 27.03.2024 undertaking that they would vacate and hand over vacant possession of the leased premises by 30.09.2024, in 2/4

addition to payment of rent at the existing rate on or before the 5th day of every calendar month till then.

4.

In view of the same, it is made clear that in the event of the Petitioners failing to vacate from the leased premises by 30.09.2024, or defaulting in payment of the monthly rent on the due dates till then, the Respondents shall be entitled to execute the impugned order of eviction against them without any further notice to them in execution proceedings. In the result, the Civil Revision Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs.

05.04.2024 Index : Yes/No NCC : Yes/No Index : Yes/No sm Note : Issue order copy by 05.06.2024.

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P.D.AUDIKESAVALU, J.

Sm TO:

1.The Principal Rent Control Appellate Authority / Principal Subordinate Judge (Rent Control Appellate Authority), Madurai.

2,The Principal Rent Controller / Principal District Munsif, Madurai Town.

2.The Section Officer (VR Section), Madurai bench of Madras High Court, Madurai.

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