Disposed

K.R.Rajan, S/O.Rengachary, v. Dr.M.Vijaya

Madras HC14 Dec 2021CRP(MD)/861/2019

Case brief

AI extract

What is this about?

This court disposed of a civil revision petition filed by a landlord against an appellate authority's order confirming eviction proceedings. The revision was settled based on a respondent's affidavit undertaking to vacate possession by December 2022.

What did the court decide?

Revision petition disposed; respondents to vacate premises and deposit rent; execution proceedings open if undertaking is breached.

K.R.Rajan, S/O.Rengachary, Vs Dr.M.Vijaya — Landlord and Tenant | Madras HC (2021)

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C.R.P(MD)No.861 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 14.12.2021

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CORAM

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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C.R.P(MD)No.861 of 2019

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K.R.Rajan ... Petitioner/Appellant/

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Petitioner/Landlord Vs.

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1.Dr.M.Vijaya 2.Dr.I.Mohanasundaram,S/O.Ayyanan Late K.Ayyanan(Died) ...Respondents 1&2/Respondents 1 to3/ Respondents 1 to 3/Tenants

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3.Dr.I.Sankar Ganesh

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4.Dr.I.Mohanasundaram,S/O.Ayyanan 5.I.Vanaja Gensekaran ... Respondents 3to 5/Respondents 4to6 (LRS of 3rd respondent)

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PRAYER:- Civil Revision Petition filed under Section 25 of Tamil Nadu Buildings Lease and Rent Control Act, to set aside the judgment and decree dated 19.09.2018 passed in R.C.A.No.71 of 2014 by the Appellate Authority/Sub Court, Madurai confirming the order passed in R.C.O.P.No.149 of 2005 dated 24.07.2013 on the file of the Additional Rent Controller, Madurai Town (Additional District Munsif Court, Madurai Town) and allow this civil revision petition.

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For Petitioner : Mr.R.Subramanian

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For R2 and R4 : Mr.M.Rajaraman

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ORDER

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The second respondent herein has filed an affidavit of undertaking stating that he would vacate and hand over the possession of the demised premises on or before 31.12.2022. This affidavit has been filed on behalf of all the partners of M/S.Ganesh Medicial-Medical Mart. It is also noted that in the affidavit the respondent has also stated that he has deposited the rent till December 2022. The learned counsel for the petitioner admits the same.

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2.The affidavit of undertaking is taken on file and this Civil https://hcservices.ecourts.gov.in/hcservices/ Revision Petition is disposed of on the basis of the affidavit of

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C.R.P(MD)No.861 of 2019

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undertaking. In case, the respondents fail to vacate as undertaken, it is open to the petitioner/landlord to initiate the execution proceedings. No costs.

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Sd/-

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Assistant Registrar (CS-I)

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS)

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To:-

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Enclose copy of Affidavit

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1.The Rent Control Appellate Authority/ (Subordinate Judge), Madurai.

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2.The Additional Rent Controller, (Additional District Munsif Court) Madurai Town.

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+1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-38687[F] dated 14/12/2021 )

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+1 CC to M/s.M.RAJARAMAN, Advocate ( SR-38987[F] dated 16/12/2021 ) C.R.P(MD)No.861 of 2019 14.12.2021

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RK(02/03/2022) 2P 5C

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https://hcservices.ecourts.gov.in/hcservices/

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K.R.Rajan, S/O.Rengachary, v. Dr.M.Vijaya

Case brief

What is this about?

What did the court decide?

K.R.Rajan, S/O.Rengachary, v. Dr.M.Vijaya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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