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2013 DIGILAW 2139 (MAD)

T. Balakrishnan v. Mohammeed Mukhthar

2013-06-21

K.RAVICHANDRA BAABU

body2013
JUDGMENT :- 1. This Civil Revision Petition is filed by the tenant aggrieved against the order of eviction passed by the learned Rent Controller in R.C.O.P.No.1207 of 2010 and confirmed by the appellate authority in R.C.A.No.660 of 2011. 2. Though the Civil Revision Petition has been filed by raising various grounds, today the petitioner has filed an affidavit of undertaking before this Court to vacate and hand over the vacant possession of the premises to the respondent herein on or before 01.04.2012 and also to pay the fair rent of Rs.18,680/- every month without any default, however without prejudice to his contention in the Civil Revision Petition to be filed against the fair rent fixed by the Rent Controller. Paragraph No3 of the affidavit of undertaking is extraced hereunder: 3. I am aged about 92 years. I cannot effectively contest the case due to my old age. Hence I undertake to vacate and handover the vacant possession to the respondent herein, on or before 01.04.2014. During these period I also undertake to pay the fair rent of Rs.18,680/- every month without any default and without prejudice to the contention I am going to raise in the Civil Revision Petition against the fair rent fixed by the learned Rent Controller which has been modified by the learned Rent Control Appellate Authority. If any default in paying the fair rent is committed the respondent shall be at liberty to execute the order of eviction. I, therefore undertake to vacate and handover the vacant possession to the respondent/landlord herein on or before 01.04.2014 and I undertake to pay the fair rent of Rs.18,680/- from June 2013 onwards without any default and without prejudice to my right of Civil Revision Petition challenging the fixation of fair rent and this Hon'ble Court may be pleased to record my undertaking and thus render justice." 4. The said affidavit of undertaking has been served on the learned counsel appearing for the respondent/landlord and he is also having no objection for granting time to the petitioner till 01.04.2014. 5. Considering the undertaking affidavit filed by the petitioner and considering the fact that the respondent has no objection for granting time till 01.04.2014, the following order is passed in this Civil Revision Petition: 1. The Civil Revision Petition is dismissed in view of the settlement arrived at between the parties. 2. 5. Considering the undertaking affidavit filed by the petitioner and considering the fact that the respondent has no objection for granting time till 01.04.2014, the following order is passed in this Civil Revision Petition: 1. The Civil Revision Petition is dismissed in view of the settlement arrived at between the parties. 2. The petitioner is permitted to vacate and hand over vacant possession of the petition premises to the respondent on or before 01.04.2014. 3. The petitioner shall pay the fair rent of Rs.18,680/- every month without any default, however without prejudice to his contention which is going to be raised in a Civil Revision Petition to be filed against the fair rent fixed by the Rent Controller. 4. Any default in making the payment of fair rent at the rate of Rs.18,680/- will entitle the respondent/landlord to proceed against the petitioner to evict him through execution proceedings. 5. The affidavit of undertaking filed by the petitioner is directed to form part of the record. 6. With the above terms, the Civil Revision Petition is dismissed. No costs. Consequently connected miscellaneous petition is closed.