Research › Search › Judgment

Madras High Court · body

2011 DIGILAW 4338 (MAD)

M. Sivakumar v. A. Ganesan

2011-10-28

R.SUDHAKAR

body2011
JUDGMENT :- 1. This Civil Revision Petition is filed challenging the Judgment and Decree dated 22.7.2011 passed in R.C.A.No.528 of 2010 by the Appellate Authority (VIII Small Causes Court), Chennai, confirming the order of eviction dated 17.8.2010 passed in R.C.O.P.No.1444 of 2009 by the Rent Controller (XII Small Causes Court), Chennai. 2. The revision petitioner/tenant made a request to the Court to grant sometime to vacate the petition premises. Accordingly, petitioner filed an affidavit of undertaking dated 27.10.2011, which reads as follows:- "1. am the Petitioner herein as such I am well acquainted with the facts and circumstances of the above case and entitled to swear this affidavit. 2. I state that at my request regarding vacating the premises this Hon'ble Court passed an order dated 18.10.2011 to vacate the premises within 10 months and the duration starts with effect from 01st November, 2011. 3. I hereby undertake to vacate and hand over vacant possession of the premises which is situated in No.10/16, Depot Street, Choolai, Chennai-600 112, which is also the subject matter of R.C.O.P.No.1444 of 2009 on the file of the XII Small Causes Court at Chennai, R.C.A.No.528 of 2010, on the file of the VIII Small Causes Court at Chennai and in the above matter, on or before 31st August 2012." 3. A copy of this affidavit of undertaking has been served on the learned counsel for the respondent/landlord. No objection has been made by the learned counsel for the respondent/landlord. 4. The affidavit of undertaking filed by the revision petitioner/tenant is recorded. The Civil Revision Petition is ordered in terms of the affidavit of undertaking dated 27.10.2011. The revision petitioner/tenant is directed to vacate the petition premises and hand over the same to the respondent/landlord on or before 31.8.2012 without fail, failing which, the respondent/landlord shall take step in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. The affidavit of undertaking will be form part of the record.