Madras High CourtCRP(MD)/2014/2017dismissed

G.Tharmarajan v. K.Manickavasagam

2023-09-07Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and C.M.P.(MD)No.10105 of 2017 1.G.Tharmarajan 2.G.Suresh

3. Nataraja Pandian . ...

Petitioners / appellants / respondents (Tenants) Vs.

1.K.Manickavasagam 2.K.Soundarapandian ... Respondents / Respondents/ Petitioner (Landlords) Prayer: This Civil Revision Petition is filed under Section 25 of the Tamilnadu Buildings Lease and Rent Control Act, against the judgment and decree, dated 24.08.2017, made in R.C.A.No.26 of 2009, on the file of the Principal Subordinate Judge, Madurai, confirming the judgment and decree, dated 24.03.2009, made in R.C.O.P.No.346 of 2004, on the file of the Rent Controller cum Principal District Munsif, Madurai Town. 1/4

For Petitioners : Ms.S.Devasena For Respondents : Mr.J.Bharathan

ORDER

The instant Civil Revision Petition has been filed against the judgment and decree, dated 24.08.2017, made in R.C.A.No.26 of 2009, on the file of the Principal Subordinate Judge, Madurai, confirming the judgment and decree, dated 24.03.2009, made in R.C.O.P.No.346 of 2004, on the file of the Rent Controller cum Principal District Munsif, Madurai Town.

2. Both side counsels are present.

3. The learned counsel for the revision petitioners would submit that the petitioners herein are willing to accept the order passed by the Rent Control Appellate Tribunal and they wanted only further time to hand over the possession. In this regard, they have filed an undertaking affidavit. The contents of the undertaking affidavit extracted as follows:- 2/4

"....In such circumstances, there was a negotiation made by both side and we undertake to vacate the petition mentioned property and to handover the vacant possession of the property to the respondents within 6 months from today, for which, I am filing this affidavit before this Hon'ble Court."

4. As per the undertaking affidavit, the petitioners undertake to vacate the petition mentioned property and hand over to the respondents within a period of six months from today.

5. In view of the above undertaking affidavit, the instant Civil Revision Petition stands disposed of, directing the revision petitioners to hand over the vacant possession on or before 28.02.2024, failing which the respondents are at liberty to take appropriate action. There shall be no order as to cost. Consequently, connected Miscellaneous Petition is closed.

07.09.2023 NCC : Yes/No Index :Yes/No Ls 3/4

C.KUMARAPPAN .,J.

Ls To 1.The Principal Subordinate Judge, Madurai.

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

3The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Order made in C.R.P(MD)No.2014 of 2017 07.09.2023 4/4