G.Tharmarajan vs K.Manickavasagam
2023 Latest Caselaw 12019 Mad

                                                                         C.R.P.(MD)No.2014 of 2017




                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 07.09.2023

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

                                                C.R.P.(MD)No.2014 of 2017
                                                          and
                                               C.M.P.(MD)No.10105 of 2017

                       1.G.Tharmarajan
                       2.G.Suresh
                       3. Nataraja Pandian .     ...   Petitioners / appellants / respondents
                                                          (Tenants)
                                                        Vs.
                       1.K.Manickavasagam
                       2.K.Soundarapandian                ... Respondents / Respondents/
                                                                 Petitioner (Landlords)

                       Prayer: This Civil Revision Petition is filed under Section 25 of the

                       Tamilnadu Buildings Lease and Rent Control Act, against the judgment

                       and decree, dated 24.08.2017, made in R.C.A.No.26 of 2009, on the file

                       of the Principal Subordinate Judge, Madurai, confirming the judgment

                       and decree, dated 24.03.2009, made in R.C.O.P.No.346 of 2004, on the

                       file of the Rent Controller cum Principal District Munsif, Madurai.

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                                                                         C.R.P.(MD)No.2014 of 2017



                                  For Petitioners     : Ms.S.Devasena

                                  For Respondents     : Mr.J.Bharathan


                                                        ORDER

The instant Civil Revision Petition has been filed against the

judgment and decree, dated 24.08.2017, made in R.C.A.No.26 of 2009,

on the file of the Principal Subordinate Judge, Madurai, confirming the

judgment and decree, dated 24.03.2009, made in R.C.O.P.No.346 of

2004, on the file of the Rent Controller cum Principal District Munsif,

Madurai.

2. Both side counsels are present.

3. The learned counsel for the revision petitioners would

submit that the petitioners herein are willing to accept the order passed

by the Rent Control Appellate Tribunal and they wanted only further

time to hand over the possession. In this regard, they have filed an

undertaking affidavit. The contents of the undertaking affidavit extracted

as follows:-

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2014 of 2017

“....In such circumstances, there was a negotiation made by both side and we undertake to vacate the petition mentioned property and to handover the vacant possession of the property to the respondents within 6 months from today, for which, I am filing this affidavit before this Hon'ble Court.”

4. As per the undertaking affidavit, the petitioners undertake to

vacate the petition mentioned property and hand over to the respondents

within a period of six months from today.

5. In view of the above undertaking affidavit, the instant Civil

Revision Petition stands disposed of, directing the revision petitioners to

hand over the vacant possession on or before 28.02.2024, failing which

the respondents are at liberty to take appropriate action. There shall be

no order as to cost. Consequently, connected Miscellaneous Petition is

closed.

                                                                                   07.09.2023
                       NCC         : Yes/No
                       Index       :Yes/No
                       Ls

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2014 of 2017

C.KUMARAPPAN.,J.

Ls

To

1.The Principal Subordinate Judge, Madurai.

2.The Rent Controller cum Principal District Munsif, Madurai.

3The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Order made in C.R.P(MD)No.2014 of 2017

07.09.2023

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