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Madras High Court · body

2016 DIGILAW 3020 (MAD)

S. Indharani v. C. Ganesan

2016-08-29

M.DURAISWAMY

body2016
ORDER : 1. Challenging the fair and final order passed in R.C.A.No.12 of 2010 on the file of the Rent Control Appellate Tribunal (Subordinate Court), Nagapattinam, confirming the order passed in R.C.O.P.No.5 of 2008 on the file of the Rent Controller (District Munsif), Nagapattinam, the tenant has filed the Civil Revision Petition in C.R.P.(NPD).No.3817 of 2012. 2. Challenging the fair and final order passed in R.C.A.No.11 of 2010 on the file of the Rent Control Appellate Tribunal (Subordinate Court), Nagapattinam, confirming the order passed in R.C.O.P.No.5 of 2008 on the file of the Rent Controller (District Munsif), Nagapattinam, the landlady has filed the Civil Revision Petition in C.R.P.(NPD).No.1640 of 2012. 3. The landlady filed R.C.O.P.No.5 of 2008 for eviction on the ground of willful default and personal use and occupation. 4. The Rent Controller ordered eviction on the ground of willful default and rejected the Rent Control Original Petition on the ground of own use and occupation. The Rent Control Appellate Authority also confirmed the order of the Rent Controller, against which the landlady has filed the Civil Revision Petition in C.R.P.(NPD).No.1640 of 2012 and the tenant filed the Civil Revision Petition in C.R.P.(NPD).No.3817 of 2012. 5. When the matters were taken up for hearing, the learned counsel appearing for the tenant submitted that the tenant is willing to vacate the premises in six months time and shall continue to pay the rent at the rate of Rs.2,000/- per month till he vacates and hand over vacate possession to the landlady. 6. Mr. M.S. Palaniswamy, learned counsel appearing for the landlady submitted that the tenant is in arrears of rent for 116 months. The learned counsel submitted that liberty may be given to the landlady to initiate appropriate proceedings for recovery of the rental arrears. 7. Mr. R.S. Varadharajan, learned counsel for the tenant also filed an affidavit of undertaking dated 20.08.2016 undertaking to vacate the premises in six months time. 8. The affidavit of undertaking filed by the tenant is taken on record. 9. In view of the affidavit of undertaking filed by the tenant, the order of eviction granted by the Courts below in R.C.O.P.No.5 of 2008 is confirmed. The tenant is granted six months time to vacate and hand over vacant possession of the petition premises to the landlady without driving her to initiate execution proceedings. 9. In view of the affidavit of undertaking filed by the tenant, the order of eviction granted by the Courts below in R.C.O.P.No.5 of 2008 is confirmed. The tenant is granted six months time to vacate and hand over vacant possession of the petition premises to the landlady without driving her to initiate execution proceedings. It is open to the landlady to initiate appropriate proceedings for recovery of the rental arrears from the tenant in accordance with law. 10. With these observations, the Civil Revision Petition in C.R.P.(NPD).No.3817 of 2012 stands dismissed and the Civil Revision Petition in C.R.P.(NPD).No.1640 of 2012 stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.