Madras High Court
Maqbool Ahmed (Died) vs A.Rajender Kumar Gupta on 2 November, 2021
C.R.P.(NPD).Nos.1253 & 1254 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.R.P.(NPD).Nos.1253 & 1254 of 2016
and
C.M.P.No.17240 of 2016
1.Maqbool Ahmed (died)
(3rd petitioner as LRs of the deceased 1 st petitioner
as per memo dated 06.09.2021 in C.S.R.Nos.26382
& 26381 of 2021 vide order of this Court dated
09.09.2021)
2.Qhamunnisa Begam
3.Fathima Begam @ Fathima Yacub
4.Azeez Ahmed (deceased)
5.Malick Mehar .. Petitioners
(in both cases)
(5th petitioner brought on record as LR's of the
deceased 4th petitioner vide order of this Court
dated 18.03.2016 in C.M.P.Nos.2550 & 2548 of
2016 in C.R.P.SR.Nos.32649 & 19668 of 2015
respectively)
Vs.
A.Rajender Kumar Gupta .. Respondent
(in both cases)
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C.R.P.(NPD).Nos.1253 & 1254 of 2016
Prayer in C.R.P.(NPD).No.1253 of 2016: This Civil Revision Petition is
filed under Section 25(1) of the Tamil Nadu Buildings (Lease & Rent
Control) Act, 1960, against the judgment and decree dated 20.01.2015 made
in R.C.A.No.346 of 2014 passed by the learned Rent Control Appellate
Authority-cum-IX Judge, Court of Small Causes, Chennai, revising the order
and decree dated 28.03.2014 made in R.C.O.P.No.1789 of 2008 passed by
the learned Rent Controller-cum-XI Judge, Court of Small Causes, Chennai.
Prayer in C.R.P.(NPD).No.1254 of 2016: This Civil Revision Petition is
filed under Section 25(1) of the Tamil Nadu Buildings (Lease & Rent
Control) Act, 1960, against the judgment and decree dated 27.10.2014 passed
by the Learned VII Judge-Cum-Rent Control Appellate Authority, Small
Causes Court, Chennai, made in R.C.A.No.808 of 2008 confirming the order
and decree made in R.C.O.P.No.84 of 2007 dated 06.12.2007 passed by the
Learned Rent Controller-cum-XV Judge, Small Causes Court, Chennai.
In both cases:
For Petitioners : Mr.S.Ganesh
for Mr.M.Mohammed Rafi
For Respondent : Mr.K.M.D.Muhilan
for Mr.R.Parthasarathy
COMMON ORDER
(The matter is heard through “Video Conferencing/Hybrid Mode”.)
After several discussions, the parties have settled the matter. The
respondent agreed to pay a sum of Rs.26,00,000/- (Rupees Twenty Six Lakhs
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C.R.P.(NPD).Nos.1253 & 1254 of 2016
Only) in six instalments and hand over the possession of the petition premises
immediately to the petitioners and he also filed an affidavit to that effect. In
the affidavit, the date of fourth instalment is wrongly typed as 25.01.2021
instead of 25.01.2022.
2.The learned counsel appearing for the respondent submitted that
today, i.e., 02.11.2021, they will pay a sum of Rs.5,00,000/- (Rupees Five
Lakhs Only) as first instalment and due to typographical error, the date of
fourth instalment was mentioned as 25.01.2021 instead of 25.01.2022. The
fourth instalment will be paid on 25.01.2022. He further submitted that the
petitioners have agreed for the said payment. The learned counsel appearing
for the respondent further submitted that if the petitioners are ready to take
possession, tomorrow they will hand over the possession and also submitted
that the learned counsel appearing for the petitioners will furnish the Bank
details of the petitioners.
3.Recording the undertaking given by the respondent in the affidavit
and acceptance of terms of undertaking by the petitioners, both the Civil
Revision Petitions are closed. The date of fourth instalment is 25.01.2022.
The affidavit of undertaking shall form part of this order. Consequently, the
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C.R.P.(NPD).Nos.1253 & 1254 of 2016
connected Miscellaneous Petitions are closed. No costs.
02.11.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Rent Control Appellate Authority cum IX Judge,
Court of Small Causes,
Chennai.
2.The Rent Controller cum XI Judge,
Court of Small Causes,
Chennai.
3.The Rent Control Appellate Authority cum VII Judge,
Small Causes Court,
Chennai.
4.The Rent Controller cum XV Judge,
Small Causes Court,
Chennai.
V.M.VELUMANI, J.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD).Nos.1253 & 1254 of 2016
krk
C.R.P.(NPD).Nos.1253 & 1254 of 2016
02.11.2021
https://www.mhc.tn.gov.in/judis
