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2013 DIGILAW 2110 (MAD)

S. Madeswari v. R. M. Gopal

2013-06-20

K.RAVICHANDRA BAABU

body2013
JUDGMENT 1. The tenant is the petitioner who has lost before both the Courts. She suffered an order of eviction on the ground of willful default. Aggrieved against the concurrent findings by the Court below, the present Civil Revision Petition is filed before this Court. 2. Though several grounds have been raised in the Civil Revision Petition, when the matter was taken up for hearing on 17.06.2013, the learned counsel appearing for the petitioner submitted that the petitioner is willing to vacate and hand over the premises to the respondent if reasonable time is given to her. The learned counsel appearing for the respondent/landlord did not have any objection to the said proposal. Accordingly the matter is adjourned today for filing an affidavit of undertaking by the petitioner. 3. Today the petitioner has filed an affidavit of undertaking, wherein she has stated in Paragraph Nos.2 and 3 as follows: “2. I submit that I have filed Civil Revision Petition before this Hon'ble Court challenging the order passed by the learned Rent Control Appellate Authority/Subordinate Judge, Rasipuram in R.C.A.No.3/2011 dated 21.08.2012. I submit that I am running the shop in the tenant premises and I am eking out my livelihood only on the basis of the business run in the shop. I submit that I need some more time to vacate the property. 3. I submit that if this Hon'ble Court grants me one year time to vacate the property, I undertake to vacate the property being the subject matter in R.C.O.P.No.3/2009 on the file of the learned Rent Controller, Rasipuram. I undertake to vacate the property within the time stipulated by this Hon'ble Court by 31.05.2014.” 4. The affidavit of undertaking was also served on the learned counsel appearing for the respondent and the learned counsel is also not having any objection for granting time till 31.05.2014. Accordingly the affidavit of undertaking filed by the petitioner is ordered to form part of the record and the petitioner is granted time to vacate and hand over vacant possession to the respondent on or before 31.05.2014 without driving him to resort the execution proceedings. It is further directed that the petitioner should pay the periodical rent payable to the respondent without any default. If any default is committed, the time granted in this Civil Revision Petition will stand automatically cancelled without reference to this Court. 5. It is further directed that the petitioner should pay the periodical rent payable to the respondent without any default. If any default is committed, the time granted in this Civil Revision Petition will stand automatically cancelled without reference to this Court. 5. The Civil Revision Petition is disposed of accordingly. No costs. Consequently connected miscellaneous petition is closed.