D.Padmanabhan vs Rathnakumari
2023 Latest Caselaw 9444 Mad

                                                                                      CRP.No.3733 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 01.08.2023

                                                          CORAM:

                           THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                              C.R.P.No.3733 of 2022
                                            and C.M.P.No.19686 of 2022

                     D.Padmanabhan                                                         ...
                     Petitioner

                                                             Vs.

                     M.Anandan (Deceased)
                     1.Rathnakumari
                     2.A.Sandeep
                     3.A.Sajerth                                                 ...
                     Respondents
                     Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu

                     Buildings Lease & Rent Control Act, against the Judgment and Decree

                     dated 23.08.2022 passed in R.C.A.No.273 of 2019 by the learned VII

                     Judge, Court of Small Causes at Chennai, (Rent Controller Appellate

                     Authority)      confirming   the     fair    and   decretal   order    passed    in

                     R.C.O.P.No.1196 of 2013 dated 04.04.2019 by the learned X Judge,

                     Court of Small Causes at Chennai, (Rent Controller).

                                         For Petitioner          : Mr.Ashok Menon

                                         For Respondents : Mr.B.Manoharan
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                                                                                      CRP.No.3733 of 2022


                                                                  for M/s.P.Devadas Associates

                                                           ORDER

This Civil Revision Petition has been filed seeking to set aside the

Judgment and Decree dated 23.08.2022 passed in R.C.A.No.273 of 2019

by the learned VII Judge, Court of Small Causes at Chennai, (Rent

Controller Appellate Authority) confirming the fair and decretal order

passed in R.C.O.P.No.1196 of 2013 dated 04.04.2019 by the learned X

Judge, Court of Small Causes at Chennai, (Rent Controller).

2.Heard learned counsel for the petitioner and learned counsel for

the respondents.

3.Pursuant to the order passed by this Court on 28.07.2023, two

weeks time was granted to the petitioner and directed the petitioner to

vacate and handover the shop to the landlord on or before 15.08.2023

and the learned counsel for the petitioner was also directed to file an

affidavit that the petitioner shall vacate and handover the possession to

the landlord on or before 15.08.2023 and till such time, the Bailiff shall

not proceed further.

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

CRP.No.3733 of 2022

4.Accordingly, learned counsel for the petitioner filed an affidavit

of Mr.D.Padmanabhan/the petitioner, wherein it has been stated that the

petitioner had undertake to vacate the shop portion on or before

15.08.2023 after removing all the articles belonging to him.

5.It is made clear that after removing all the articles, the

petitioner/tenant shall clean the shop and handover the key to the

landlord.

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

If the petitioner/tenant is failing to handover the said shop, the Bailiff

shall proceed further. No costs. Consequently, the connected

miscellaneous petition is closed.

01.08.2023 Index : yes/no Internet : yes/no pam

To

1.The VII Judge, Court of Small Causes at Chennai. (Rent Controller Appellate Authority)

2.The X Judge, Court of Small Causes at Chennai. (Rent Controller).

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

CRP.No.3733 of 2022

V.BHAVANI SUBBAROYAN, J.

pam

CRP.No.3733 of 2022 and C.M.P.No.19686 of 2022

01.08.2023

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