Madras High Court
S.Senthukarai Nadar vs Vadamalai (Died) on 1 August, 2022
C.R.P(MD)Nos.1245 of 1996 and 2076 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 01.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
C.R.P(MD)Nos.1245 of 1996 and 2076 of 2018
S.Senthukarai Nadar ... Petitioner
Vs
1.Vadamalai (died)
2.V.Jayapal
3.V.Chandrasekaran
4.V.Rajasekaran ... Respondents
[R2 to R4 are brought on record as
Legal heirs of the deceased sole
respondent vide Court order dated
01.04.2021 made in CMP(MD)Nos.
10622 to 10624 of 2018]
PRAYER: Civil Revision Petition in CRP(MD)NO.1245 of 1996
is filed under Section 25 of the Tamil Nadu Buildings
(Lease and Rent Control) Act, 1960 as amended Act 23/73
and Act 1 of 1980, to set aside the judgment and decree
dated 17.03.1994 made in RCA.NO.126 of 1991 on the file of
the Appellate Court, (Court of Principle Sub Judge),
Madurai confirming the order and decree dated 29.04.1991
made in RCOP.No.774 of 1982 on the file of the Court of
Rent Controller (Principal District Munsif), Madurai and
allow the civil revision petition in CRP(MD)No.1245 of 1996
1/4
https://www.mhc.tn.gov.in/judis
C.R.P(MD)Nos.1245 of 1996 and 2076 of 2018
with cost and CRP(MD)No.2076 of 2018 is filed under Article
227 of the Constitution of India, to set aside the fair and
decreetal order dated 11.06.2018 passed in E.A.No.235 of
2013 in E.P.No.72 of 2013 in RCOP No.774 of 1982 on the
file of the Additional District Munsif, Madurai Town by
allowing the civil revision petition in CRP(MD)No.2018 of
2018.
For Petitioner : Mr.S.M.Anantha Murugan
For Respondent : Mr.D.Nallathambi
ORDER
When these civil revision petitions are taken up for
hearing the learned Counsel for the respondents submits
that the respondents are inclined to vacate the premises on
or before 30.11.2002 and with regard to the arrears of
rent, they have already deposited the rent upto May 2022 in
RCOP.No.1 of 2015 before the trial Court. They have filed
an undertaking affidavit dated 31.07.2022 and the relevant
portion of the same is extracted hereunder:
“5.We submit that in such circumstances,
we hereby undertake that we will vacate the
petition mentioned property within a period
of four months from 01.08.2022, i.e. On or
before 30.11.2022 and hand over the same to
the petitioner herein”.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)Nos.1245 of 1996 and 2076 of 2018
2.The undertaking affidavit dated 31.07.2022 filed by
the respondents is placed on record.
3.In view of the above, these civil revision petitions
are disposed of with a direction to the respondents to
vacate the premises and hand it over to the petitioner on
or before 30.11.2022 as undertook by them. It is open to
the petitioner to withdraw the arrears of rent deposited by
the respondents before the trial Court. No costs.
Consequently connected miscellaneous petitions if any stand
closed.
01.08.2022
dsk
To
1.The Rent Control Appellate Authority /
the Principal Sub Judge,
Madurai.
2.The Rent Controller/
The Principal District Munsif,
Madurai Town.
3.The Additional District Munsif,
Madurai Town
https://www.mhc.tn.gov.in/judis
C.R.P(MD)Nos.1245 of 1996 and 2076 of 2018
B.PUGALENDHI, J.
dsk
C.R.P(MD)Nos.1245 of 1996
and 2076 of 2018
01.08.2022
https://www.mhc.tn.gov.in/judis
