K. Chandru vs R.D.M.Pandian
2022 Latest Caselaw 1488 Mad

                                                                                     S.A.No.895 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 31.01.2022

                                                           CORAM

                              THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN

                                                     S.A.No.895 of 2021
                                                            and
                                                   C.M.P.No.16926 of 2021

                     K. Chandru                                                    ...Appellant
                                                               Vs.

                     R.D.M.Pandian                                                 ...Respondent

                     PRAYER: Second Appeal is filed under Section 100 of the Code of Civil
                     Procedure, against the judgment and decree dated 21.12.2020 passed in
                     the A.S.No.25 of 2017 on the file of the Principal Sub-Court at Ponneri
                     reversing the judgment and decree dated 14.07.2017 passed in
                     O.S.No.147 of 2012 on the file of District Munsif Court at Ponneri.


                                              For Appellant      :   Mr.Y.Arul Manickam

                                              For Respondent     :   Ms.S.Vidya for
                                                                     M/S.R.S.Vaideeswaran


                                                      JUDGMENT

This second appeal is filed against the judgment and decree dated

21.12.2020 passed in the A.S.No.25 of 2017 on the file of the Principal

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S.A.No.895 of 2021

Sub-Court at Ponneri reversing the judgment and decree dated

14.07.2017 passed in O.S.No.147 of 2012 on the file of District Munsif

Court at Ponneri.

2. When this second appeal is taken up for hearing today, the

learned counsel appearing for parties represented about the arrears of rent

payable by the appellant.

3. It appears that there is no consensus with regard to the exact

arrears of amount of rent payable. Appellant claims that there is no

arrears at all, whereas the respondent claims that there is an arrears of 11

months of rent. This Court in this second appeal does not want to go into

the issue of arrears of rent as it is beyond the scope of the second appeal.

Already the appellant filed an affidavit signed on 24.01.2022. Perusal of

the affidavit shows that he is prepared to vacate and hand over the vacant

premises to the respondent, if he is given six months time to vacate the

premises.

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S.A.No.895 of 2021

4. The learned counsel for the respondent also concedes to give

six months time, provided, if he regularly pays the rent for the period of

six months.

5. Recording the submission of the learned counsel appearing

for both the parties, this appeal is disposed of with the following

directions:-

i) The appellant is granted six months time from today to vacate and handover the premises peacefully to the respondent.

ii) He should pay the rent without any default for the forthcoming six months.

6. Accordingly, this second appeal is disposed of.

Consequently, connected miscellaneous petition is closed. There shall be

no order as to costs.

31.01.2022

AT Index:Yes/No Internet:Yes Speaking Order: Yes/No

https://www.mhc.tn.gov.in/judis

S.A.No.895 of 2021

G.CHANDRASEKHARAN.J,

AT

To

1.The Principal Sub-Court, Ponneri.

2.The District Munsif Court, Ponneri.

S.A.No.895 of 2021

31.01.2022

https://www.mhc.tn.gov.in/judis