S.Zeenath Pareetha v. M/S. Mohamed Hassan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M. VELUMANI Cont.P(MD).No.896 of 2016 S. Zeenath Pareetha : Petitioner / Respondent/ Landlady Vs.

1. Mohammed Hassan rep. through its partner A.H. Dawood Khan : Contemnor/Petitioner/Tenant

2. M/s. Mohammed Hassan partner A.H. Syed Mohammed Khan : Contemnor/3rd Party Prayer: The petition is filed under Sections 11 and 12 of the Contempt of Courts Act to punish the respondents herein to handover the petition mentioned property immediately as per the order of this Court in CRP(MD).No.642 of 2015 dated 27.03.2015 and the undertaking affidavit dated 08.04.2015 and also to punish the contemnors for the wilful and deliberate disobedience of the above stated order dated 27.03.2015 and the undertaking through affidavit dated 08.04.2015.

Prayer in CRP(MD). 642 of 2015 :

Petition filed under Section 25 of the Lease and Rent Control Act on the file of the fair and decreetal order in RCA No.23 of 2014 on the file of Rent Control Appellate Authority, Madurai (Principal Sub Judge, Madurai) dated 28.01.2015 in confirming the fair and decreetal order in RCOP No.134 of 2011 on the file of the Rent Control Authority, Madurai (Principal District Munsif Court, Madurai) dated 14.02.2014. For petitioner : Mr. S. Sitharthan For Respondent No.1 : Mr. S. Subbiah

O R D E R

The learned counsel appearing for the petitioner submitted that first respondent filed Civil Revision Petition in CRP(MD). No.642 of 2015, against the order of eviction passed against the respondents. Before this Court, the respondents filed an https://hcservices.ecourts.gov.in/hcservices/

affidavit of undertaking to the effect that the first respondent will vacate premises from 27.03.2015. This Court by order dated 27.03.2015 recording the undertaking affidavit filed by the first respondent, granted six months time to hand over the possession. The first respondent did not hand over the possession as per the undertaking given before this Court. In the circumstances, the petitioner has filed the present Contempt Petition to punish the respondents herein to hand over the petition mentioned property immediately as per the order of this Court in CRP(MD).No.642 of 2015 dated 27.03.2015 and the undertaking affidavit dated 08.04.2015 and also to punish the contemnors for the wilful and deliberate disobedience of the above stated order dated 27.03.2015 and the undertaking through affidavit dated 08.04.2015.

2. Today when the matter was taken up for hearing the learned counsel for the petitioner submitted that the respondent has handed over the possession to the petitioner.

3. Recording the said submission, the Contempt Petition is closed.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar TRP PSM/CM-MSA/24.02.2017/2P/1C Cont.P(MD).No.896 of 2016 30.01.2017 https://hcservices.ecourts.gov.in/hcservices/