Madras High CourtCONT P(MD)/1049/2016closed

A.Rathina Vetrivel v. S.Amarson, S/O.P.Sankaran

2016-11-07Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2016

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Cont.P(MD)No.1049 of 2016 in C.R.P(MD)No.907 of 2016 A.Rathina Vetrivel .. Petitioner/Respondent Vs.

S.Amarson .. Contemnor/Petitioner PRAYER : Contempt Petition is filed under Section 11 of the Contempt of Courts Act,1971, to punish the Contemnor/Respondent for committing grave contempt, willful, wanton and deliberate disobedience of the orders passed by this Court in CRP(MD)No.907 of 2016, dated 26.04.2016.

Prayer in CRP(MD).907/2016 :

Civil Revision Petition filed U/s.25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, to set aside the fair and decreetal order passed in RCA No.19 of 2013 on the file of Rent Control Appellate Authority (Sub-Court), Tuticorin dated 22.02.2016 confirming the fair and decreetal order passed in RCOP No.19 of 2009 on the file of Rent Controller (Principal District Munsif Court), Tuticorin dated 30.11.2011.

For Petitioner : Mr.P.Pethu Rajesh For Respondent : Mr.M.P.Senthil

O R D E R

This Contempt Petition is filed to initiate contempt proceedings against the contemnor/respondent and to punish him for the willful disobedience of the order of this Court passed in CRP(MD)No.907 of 2016, dated 26.04.2016.

2. The learned counsel for the respondent would submit that the order passed in CRP(MD)No.906 and 907 of 2016, dated 26.04.2016, had been complied with and to that extent, the respondent herein filed an affidavit, dated 07.11.2016, before this Court by submitting that he handed over the key to the petitioner/landlord pursuant to the order passed by this Court. The said undertaking affidavit filed is placed on record. He https://hcservices.ecourts.gov.in/hcservices/

would further submit that as agreed by the respondent, the key has already been handed over.

3. In view of the above, as far as handing over the possession is concerned, the learned counsel for the petitioner has accepted the affidavit filed by the respondent.

4. As far as the arrears of rent is concerned, it is submitted by the learned counsel for the respondent that as per the findings of the Rent Control Appellate Tribunal, a sum of Rs.1200/-per month has to be paid by the respondent, from May 2016 to October 2016, as arrears of rent.

5. The respondent is directed to pay the arrears of rent within a period of four weeks from today, as accepted by him in the undertaking affidavit.

6. In view of that, the Contempt Petition is closed and the contemnor/respondent is discharged. No Costs. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar +1 CC to Mr.P.PETHU RAJESH, Advocate, SR No.66451 Cont.P(MD)No.1049 of 2016 07.11.2016 pm SH:19.12.2016:2P/2C https://hcservices.ecourts.gov.in/hcservices/