Dismissed

M/S.City Book Centre v. Kamalam

Madras HC17 Dec 2018CRP/1315/2017

Case brief

AI extract

What is this about?

High Court entertained civil revision petitions challenging eviction orders. Court declined to set aside the eviction but granted a one-year stay to the tenant due to business losses, directing possession by December 2019.

What did the court decide?

Petitioners granted stay of eviction for one year from 17.12.2018 to 16.12.2019 subject to filing affidavit; possession directed to be handed over by 16.12.2019.

M/S.City Book Centre Vs Kamalam — Landlord and Tenant | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.12.2018

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CORAM

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THE HONOURABLE MR.JUSTICE M.S. RAMESH

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C.R.P(NPD) Nos.1315 & 1316 of 2017
and
CMP.No.6092 of 2017
1.M/s.City Book Centre
Rep. by its Proprietrix Mrs.S.Ranjitham
D.No.903, Raja Street,
Coimbatore.
2.Mrs.S.Ranjitham ..Petitioners in both C.R.Ps
Vs
1.Mrs.Kamalam
2.J.Suresh Kumar
3.J.Ramesh Kumar ..Respondents in both C.R.Ps

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Prayer:- Civil Revision Petitions filed under Article 227 of the Constitution of India, praying to set aside the judgement and decree dated 24.11.2016 made in RCA Nos.42 & 43 of 2015, on the file of the Principal Subordinate Judge and Rent Control Appellate Authority, Coimbatore, confirming the judgment and decree dated 31.03.2015 made in R.C.O.P.Nos.301 of 2000 & 7 of 1997 on the file of the II Additional District Munsif and House Rent Controller, Coimbatore.

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For Petitioners in both C.R.Ps :Mr.A.E.Ravichandran

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For Caveater in both C.R.Ps :Mr.K.Mukund for M/s.Sarvabhauman Associates

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http://www.judis.nic.in

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COMMON ORDER

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The eviction petition filed by the respondent herein on the ground of owner's occupation and demolition and construction came to be ordered on 31.03.2015 in R.C.O.P.Nos. 301 of 2000 & 7 of 1997. The petitioners appeal against the same in R.C.A.Nos.42 & 43 of 2015 also came to be rejected on 20.07.2015 confirming the eviction order on both grounds of owner's occupation and demolition and construction. Aggrieved against

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the same, the present revisions have been filed.

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2.Though the petitioners herein had raised several grounds challenging the order passed by the Rent Control Appellate Authority confirming the eviction order of the Rent Controller, the learned counsel for the petitioners submitted that he would be satisfied if reasonable time

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is granted for vacating the premises for which purpose, the petitioners are also willing to file a sworn affidavit before this Court.

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The learned counsel for the respondent on the other hand has raised his objection stating that since there is no infirmity in the finding of the trial Court on both the grounds of owner's occupation and demolition and construction, the civil revision petition deserves to be dismissed.

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I have gone through the orders passed by the Rent Controller

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http://www.judis.nic.in

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as well as Appellate Authority. In my considered view both the Rent Controller and Rent Control Appellate Authority have properly appreciated

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the evidence and have ordered for eviction of the demised premises. Nevertheless, in view of the submission made by the learned counsel for the petitioners that he has spent a considerable amount of money over establishing his business over these years, a sympathetic approach can be

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extended by permitting him to stay in the demised premises for a period

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of one year.

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The petitioners herein have filed an affidavit dated 11.12.2018

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duly signed before this Court undertaking to vacate the premises, which is the subject matter of R.C.O.P.Nos. 301 of 2000 & 7 of 1997. Recording the submissions in the affidavit, the civil revision petitions stands dismissed. Consequently, the petitioners shall vacate and hand over the possession of the premises which is the subject matter in R.C.O.P.Nos. 301 of 2000 & 7 of 1997 to the respondents herein on or before 16.12.2019. Consequently, Connected Miscellaneous Petition is closed. No costs.

17.12.2018

Index : Yes/No

vsn/dh

http://www.judis.nic.in The II Additional District Munsif and House Rent Controller, Coimbatore.

M.S. RAMESH.J.,

vsn/dh

C.R.P(NPD) Nos.1315 & 1316 of 2018
and
CMP.No.6092 of 2017

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17.12.2018

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http://www.judis.nic.in

M/S.City Book Centre v. Kamalam

Case brief

What is this about?

What did the court decide?

M/S.City Book Centre v. Kamalam

Case brief

What is this about?

What did the court decide?

What the court decided

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