Madras High Court
S.D.Gulacha vs P.Sunderrajan on 5 July, 2021
C.R.P.No.3092 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.No.3092 of 2018
and
CMP No.17857 of 2018
S.D.Gulacha ... Petitioner
Vs
P.Sunderrajan ... Respondent
Prayer :- Civil Revision Petition is filed under Section 25 of the Tamil
Nadu Buildings (Lease and Rent Control) Act, 1960 against the Judgment
and Decree dated 26/07/2018 passed in RCA No.1/2017 on the file of the
Rent Control Appellate Authority and Subordinate Judge of the Nilgiris at
Udhagamandalam confirming the Fair and Decreetal Order dated
24/01/2017 passed in RCOP No.3 of 2013 on the file of the Rent Controller
at Coonoor.
For Petitioner : Mr.M.Arvind Kumar
For Respondent : Mr.N.Damodaran
1/5
https://www.mhc.tn.gov.in/judis/
C.R.P.No.3092 of 2018
ORDER
This Civil Revision Petition is filed against the Judgment and
Decree dated 26/07/2018 passed in RCA No.1/2017 on the file of the Rent
Control Appellate Authority and Subordinate Judge of the Nilgiris at
Udhagamandalam, thereby confirming the Fair and Decreetal Order dated
24/01/2017 passed in RCOP No.3 of 2013 on the file of the Rent Controller
at Coonoor, thereby ordering eviction on the ground of own use and
occupation.
2. The petitioner is the tenant and the respondent is the landlord.
The landlord filed the petition for eviction on the ground of own use and
occupation.
3.The Learned Rent Controller allowed the eviction petition on
the ground of own use and occupation and thereby directed the tenant to
vacate and handover the possession of the petition mentioned premises to
the landlord within a period of two months from 24.01.2017. Aggrieved by
https://www.mhc.tn.gov.in/judis/
C.R.P.No.3092 of 2018
the same, the petitioner preferred an appeal before the Rent Control
Appellate Authority and the same was also dismissed confirming the order
passed by the Learned Rent Controller, Coonoor. Aggrieved by the same,
the present Civil Revision Petition has been filed.
4.The learned counsel appearing for the petitioner/tenant would
submit that though there are several grounds to be agitated, the petitioner
/tenant is willing to vacate the petition premises and sought for further time
to vacate the petition premises.
5.Considering the said request of the petitioner/tenant, the order
passed by the Courts below is confirmed. Accordingly, the civil revision
petition is dismissed. Since the petitioner is inclined to vacate the petition
premises, three months time is granted for the petitioner to vacate the
petition premises. Accordingly, the petitioner/tenant is directed to vacate the
petition premises on or before 01.11.202, failing which, the
respondent/landlord is at liberty to file an execution petition to evict the
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C.R.P.No.3092 of 2018
petitioner from the petition premises. No order as to costs. Consequently,
connected civil miscellaneous petition is closed.
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No 05.07.2021
sms
To
1.The Rent Control Appellate Authority
and Subordinate Judge of the Nilgiris,
Udhagamandalam.
2.The Rent Controller at Coonoor.
https://www.mhc.tn.gov.in/judis/
C.R.P.No.3092 of 2018
G.K.ILANTHIRAIYAN.J,
sms
C.R.P.No.3092 of 2018
and
CMP No.17857 of 2018
05.07.2021
https://www.mhc.tn.gov.in/judis/
