G.Jayanthi vs M.Mahalingam
2022 Latest Caselaw 4178 Mad

                                                                            C.R.P(NPD)No.393 of 2022




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      CORAM

                                                 DATED: 03.03.2022

                                   THE HONOURABLE Mr.JUSTICE N.SESHASAYEE

                                             C.R.P.(NPD).No.393 of 2022
                                                       and
                                               C.M.P.No.2047 of 2022

                     Gunasekaran (Deceased)
                     1.G.Jayanthi
                     2.Jaya Praveen
                     3.Deepa                                                   ... Petitioners

                                                           Vs.

                     M.Mahalingam                                                 ....Respondent

                     PRAYER: Civil Revision Petition filed under Section 25(1) of the Tamil
                     Nadu Buildings (Lease & Rent Control) Act 18 of 1960 as amended by Act
                     23 of 1973, to set aside the judgment and decree dated 08.09.2021 in
                     R.C.A.No.107/2016 on the file of VIIth Judge, Small Causes Court,
                     Chennai confirming the judgment and decree dated 06.03.2015 passed in
                     R.C.O.P.No.1509/2008 by the XIth Judge, Small Causes Court, Chennai.


                                         For Petitioners    :    Mr.G.Thangavel

                                         For Respondent     :    Mr.A.Palaniappan


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https://www.mhc.tn.gov.in/judis
                                                                          C.R.P(NPD)No.393 of 2022




                                                     ORDER

The Revision Petitioner herein has challenged the judgment and decree in

R.C.A.No.107/2016, dated 08.09.2021 by the learned VIIth Judge, Small

Causes Court, Chennai confirming the judgment and decree in

R.C.O.P.No.1509/2008 dated 06.03.2015 by the XIth Judge, Small Causes

Court, Chennai.

2.Heard the learned counsel on either side.

3.The Revision Petitioner herein is the tenant and he sought six(6) months

time to deliver the vacant possession. He also filed an affidavit to that

effect. The said affidavit is taken on record.

4.The learned counsel for the respondent/landlord submitted that due to

considerable inconvenience caused by the tenant, the case itself is pending

for 14 years.

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https://www.mhc.tn.gov.in/judis C.R.P(NPD)No.393 of 2022

5. However taking into consideration of the facts and circumstances of the

case, this Court considers that a period of six(6) months appears to be a

reasonable one and counsel for the respondent/landlord reluctantly relented

to the same. Accordingly, the petitioner has to deliver the vacant possession

to the respondent within a period of six(6) months to conclude the

possession on or before 03.09.2022 as per the undertaking given in his

affidavit dated 22.02.2022.

6.With the above directions, the Civil Revision Petition is dismissed.

Consequently, connected miscellaneous petition is closed.

03.03.2022

msv/psa

To

1. The Principle District and Session Judge, Tiruppur.

2.Harmender Singh IAS, Chairman, Micro and Small Enterprises, Faciliation Council, Chepauk, Chennai-600 028.

3.The Public Prosecutor High Court, Madras.

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https://www.mhc.tn.gov.in/judis C.R.P(NPD)No.393 of 2022

N.SESHASAYEE,J., msv/psa

C.R.P.(NPD) No.393 of 2022 and C.M.P.No.2047 of 2022

03.03.2022

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