Research › Search › Judgment

Madras High Court · body

2011 DIGILAW 4485 (MAD)

Arumugam, Proprietor, Star Auto Spares v. Vidyanathan

2011-11-11

R.SUDHAKAR

body2011
Judgment :- 1. This Civil Revision Petition is filed challenging Judgment and Decree dated 24.6.2011 passed in R.C.A.No.776 of 2010 on the file of the VIII Rent Control Appellate Court at Chennai, revising the order and decretal order dated 19.8.2010 passed in R.C.O.P.No.958 of 2009 on the file of the XII Judge, Small Causes Court, Chennai. 2. The revision petitioner/tenant has filed an affidavit of undertaking and the relevant portion reads as follows:- “2. I state that the respondent filed a petition for eviction against me to quit and deliver the vacant possession of the petition premises. Accordingly I am ready and wiling to vacate the petition premises. 3. I further state that this Honble Court may be pleased to grant six months time to deliver the vacant possession and I undertake to pay the rent without any default.” 3. Learned counsel appearing for the respondent/landlady made strong objection in granting six months time to the revision petitioner. He states that the respondent/landlady has already demolished the properties surrounding to the demised premises. She needs the demised properties urgently for her own use and occupation. Considering the nature of tenancy which is a commercial undertaking and also the plea of the respondent that she has already demolished the properties surrounding the demised premises and also taking note of the fact that the prejudice to be caused to the respondent who has a favourable order of the Rent Controller and the Rent Control Appellate Authority, this Court is not inclined to grant six months time. However, the revision petitioner/tenant is granted four months time from today to vacate and hand over possession without demur to the respondent/landlady. The counsel for the revision petitioner/tenant undertakes on behalf of the revision petitioner/tenant to strictly abide by the direction of this Court. This Civil Revision Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.