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R.Suguna vs R.Shanmugavel on 16 April, 2009

Madras High Court
R.Suguna vs R.Shanmugavel on 16 April, 2009
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16/04/2009

CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL

C.R.P.(NPD)MD.No.440 of 2009
and
M.P(MD)No.2 of 2009

R.Suguna		... Petitioner/Respondent/Respondent(tenant)

Vs.

R.Shanmugavel		... Respondent/Appellant/Petitioner/Landlord

Prayer

Civil Revision Petition filed under Section 25 of the Tamil Nadu
Buildings (Lease and Rent Control) Act, 1960, to call for the records and set
aside the fair and executable order in R.C.A.No.1 of 2004 dated 05.06.2008 on
the file of the Rent Control Appellate Authority (Principal Subordinate Judge,
Dindigul), reversing the fair and executable order in R.C.O.P.No.2 of 2002 dated
19.09.2003 on the file of the Rent Controller, Vedasanthur, (District Munsif cum
Magistrate, Vedasanthur), so far relating to the ground of wilful default and
allow this revision with costs throughout.

!For Petitioner   ... Mr.H.Lakshmi Shankar
^For Respondent   ... Mr.V.Ramajegadeesan

* * * * *
:ORDER

This civil revision petitioner/tenant has filed the present civil revision
petition as against the fair and decreetal order dated 05.06.2008 in R.C.A.No.1
of 2004 passed by the learned Rent Control Appellate Authority (Principal
Subordinate Judge, Dindigul), as against the order dated 19.09.2003 passed in
R.C.O.P.No.2 of 2002 by the learned Rent Controller, Vedasanthur, (District
Munsif cum Magistrate, Vedasanthur).

2. Today, when the matter has come up for hearing, the learned Counsel for
the revision petitioner/tenant has filed an affidavit of undertaking before this
Court making an averment inter alia that ‘she is building a hospital in the same
town and that the building is nearing completion and that the same will be
completed in another five months and that she is in need of one more month to
vacate the premises in which she is running the hospital and to shift to the new
building and therefore, she undertakes to vacate and hand over the possession of
the demised premises (which is the subject matter of proceedings in R.C.O.P.No.2
of 2002 on the file of the learned Rent Controller, Vedasanthur, (District
Munsif cum Magistrate, Vedasanthur) within a period of six months from
06.04.2009 and that she undertakes to vacate the said premises and hand over the
possession of the demised premises in issue to the respondent/landlord on or
before 06.10.2009 and has prayed this Court to record the same and to pass
orders accordingly.’

3. The learned Counsel for the respondent/landlord has no objection for
the grant of six months’ time to the revision petitioner/tenant to vacate and
hand over the possession of the demised premises in issue as informed by the
respondent/landlord, before this Court.

4. In view of the averments made in the affidavit of undertaking referred
to supra, filed by the revision petitioner/tenant, this Court records the same
and resultantly, directs the revision petitioner/tenant to vacate and hand over
the possession of the demised premises in R.C.O.P.No.2 of 2002 on the file of
the learned Rent Controller, Vedasanthur, (District Munsif cum Magistrate,
Vedasanthur), on or before 06.10.2009 and later, to file an affidavit to the
effect that she has vacated and handed over the possession of the demised
premises to the respondent, before this Court within a week thereon without
fail. This Court also directs that the revision petitioner/tenant shall abide
by the tenure and spirit of the undertaking given in his affidavit and also by
adhering to the direction issued by this Court referred to supra without any
deviation whatsoever.

5. Accordingly, the civil revision petition is disposed of recording the
affidavit of undertaking furnished by the revision petitioner/tenant and it is
further ordered that the said affidavit of undertaking shall form part of the
order and records of this Court. No costs. Resultantly, the connected
Miscellaneous Petition is closed.

rsb

To

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

2.The Rent Controller, Vedasanthur,
(District Munsif cum Magistrate,
Vedasanthur).

3.The Sub Assistant Registrar (Judicial),
Madurai Bench of Madras High Court,
(To watch and report).

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