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2013 DIGILAW 2557 (MAD)

E. Govindarajulu v. B. Rajeswari

2013-07-19

K.RAVICHANDRA BAABU

body2013
JUDGMENT :- 1. This Civil Revision Petition is filed by the tenant challenging the order of eviction passed concurrently by the Courts below. The respondent/landlady filed the eviction petition on the ground of onus occupation. 2. Today the petitioner filed an affidavit before this Court expressing his willingness to vacate the premises as per the judgment and decree passed by the Court below, if six months time is granted to him. A copy of the said affidavit was also served on the learned counsel appearing for the respondent and he has no objection for granting such time. The relevant paragraph is extracted hereunder "2.I further submit that I have preferred above said CRP against the order dated 12.03.2013 made in R.C.A.No.159/2006 on the file of Hon'ble VII Judge, Court of Small Causes, Chennai, confirming the decree and judgment dated 09.12.2005 in R.C.O.P.No.213/2005 on the file of the X Judge, Court of Small Causes, Chennai. The petitioner herein is an aged man and ready to vacate the premises in accordance with the judgment decree passed by the Court below. 3. I state that I am to look for other premises with sincere efforts to shift over. No prejudice will be caused to the respondent in extending time for six months to vacate on the other hand I will be put into great loss and hardship. Therefore I prayed that this Hon'ble Court may be pleased to permit the petitioner in extending the time for six months for vacating the premises as per the Decree and Judgment dated 09.12.2005 passed in R.C.O.P.No.213/2005 and thus render justice." 4. Considering the affidavit of undertaking filed by the petitioner and considering the fact that the respondent/landlady is also having no objection for granting time, the following order is passed in this Civil Revision Petition: 1. The Civil Revision Petition is dismissed. 2. The petitioner/tenant is directed to vacate and hand over vacant possession of the petition mentioned property to the respondent/landlady within a period of six months from today. 3. The petitioner shall pay the periodical rent to the landlady without any default till he vacates and hand over vacant possession. There shall be no order as to costs. Consequently connected miscellaneous petition is closed.