Madras High CourtCRP(MD)/2278/2019dismissed

K.Chellam, S/O.Kalimuthu, v. Rmk.Kalyani Ammal,

2022-09-02Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD)No.11840 of 2019 K.Chellam ... Petitioner versus RM.Kalyani Ammal ... Respondent Civil Revision Petition filed under 25 of Tamil Nadu Building Lease and Rent Control Act, 1960, to call for the records pertaining to the fair and decreetal order dated 16.09.2019 made in R.C.A.No.2 of 2018 on the file of the Rent Control Appellate Authority/Subordinate Judge, Devakottai, confirming the fair and decreetal order dated 18.01.2018 passed in R.C.O.P.No.5 of 2015 on the file of the Rent controller/District Munsif, Devakottai and set aside the same. For Petitioner : Mr.T.Lajapathi Roy For Respondent : No appearance 1/4

ORDER

This Civil Revision Petition is filed against the concurrent findings of the Court below, directing the tenant/petitioner herein to vacate the premises.

2. Though the learned counsel appearing for the petitioner raised several grounds in the Civil Revision Petition, this Court is not inclined to accept the same and allow the Civil Revision Petition.

3. At this juncture, the learned counsel appearing for the petitioner seeks indulgence of this Court to provide a breathing time to the petitioner to find out an alternative place.

4. An undertaking affidavit has also been filed by the petitioner that he will vacate the premises on or before 01.03.2023. 2/4

5. In view of the undertaking affidavit filed by the petitioner and also considering the fact that the petitioner is running a Hotel in the petition mentioned premises, this Court is inclined to grant time till 01.03.2023 as requested by the petitioner.

6. Accordingly, the Civil Revision Petition is disposed of with a direction to the petitioner to vacate the premises and hand over the same to the landlord on or before 01.03.2023. The petitioner shall pay the rent to the landlord till the date of vacating the premises without any default. No costs. Consequently, connected miscellaneous petition is closed.

02.09.2022 ogy Index : Yes / No Internet: Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The Rent Control Appellate Authority (Subordinate Judge), Devakottai

2. The Rent Controller, (District Munsif), Devakottai.

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