The High Court disposed of a civil revision petition challenging an eviction order. After petitioners undertook to vacate the shop within six months, the court granted them time to do so and closed the connected miscellaneous petition.
Revision petitioners granted time to vacate premises till 19.06.2023; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.No.3811 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.12.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.R.P.No.3811 of 2022
and
C.M.P.No.20031 of 2022
Pachaiyappan (Died) Devakiammal (Died)
1st to 5th appellants are residing at No.97, V.O.C Street, Panruti-607 106. ... Petitioners
Vs.
Ravi ... Respondent
Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 18 of 1960 as amended by Tamil Nadu Act 23 of 1973, praying to set aside the Fair and Decreetal order dated 31.08.2021 made in RCA No.2 of 2016 by the Subordinate Judge, Panruti, confirming the Fair and Decreetal order passed in RCOP No.1 of 2012 on 23.09.2016 passed by Rent Controller (District Munsif), Panruti by allowing the Civil Revision Petition with costs.
C.R.P.No.3811 of 2022
For Petitioners : Mr.C.K.M.Appaji For Mr.S.Udhaya Sankar For Respondent : Mr.D.Ravi Chander
O R D E R
The Civil Revision Petition has been filed to set aside the Fair and Decreetal order dated 31.08.2021 made in RCA No.2 of 2016 by the Subordinate Judge, Panruti, confirming the Fair and Decreetal order passed in RCOP No.1 of 2012 on 23.09.2016 passed by Rent Controller (District Munsif), Panruti by allowing the Civil Revision Petition with costs.
the subject premises was the father of the revision petitioners. During the pendency of the Rent Control Proceedings, the original tenant died and the revision petitioners/ legal heirs were impleaded as parties.
C.R.P.No.3811 of 2022
subject premises. Challenging the orders of the trial Court and the Appellate Court, the present Civil Revision Petition is filed.
“1. We are the petitioners in C.R.P.No.3811 of 2022
and as such we well conversant with the facts and circumstances of the case.
2. It is submitted that we have filed the above Civil
Revision Petition challenging the Fair and Decreetal order passed in RCA No.2 of 2016 on the file of the Rent Control Appellate Authority/ Subordinate Judge, Panruti dated 31.08.2021 confirming the Fair and Decreetal order passed in RCOP No.1 of 2012 on the file of Hon'ble Rent Controller/ District Munsif Court, Panruti dated
C.R.P.No.3811 of 2022
23.09.2016.
3. It is submitted that our father late Pachaiyappan
was the tenant in the respect of the shop bearing door no.600, Gandhi Road, Panruti, Cuddalore District and carried on grocery business since 1969. The RCOP No.1 of 2012 was originally filed by the land lord against our father
Pachaiyappan and after his demise we have been added as parties in Rent Control Proceedings and we are running the grocery shop till date.
4. It is submitted that on account of risk involved in
shutting down the shop all of the sudden and handing over possession to the land lord, we are seeking 6 months' time to complete the process. We undertake to vacate the shop and handover the possessions to the Respondent on or before 19.06.2023.
Therefore, it is humbly prayed that the Hon'ble Court
may be pleased to grant time upto 19.06.2023 to vacate the shop bearing door no.600, Gandhi Road, Panruti,
C.R.P.No.3811 of 2022
Cuddalore District and thus render justice.”
respondent/landlord is at liberty to move Contempt Proceedings before this Court.
costs. Consequently, connected Miscellaneous Petition is closed.
19.12.2022
skr/kak Index : Yes
C.R.P.No.3811 of 2022
Speaking order
C.R.P.No.3811 of 2022
To
1.The Judge, Subordinate Court, Panruti.
2.The Rent Controller (District Munsif), Panruti.
C.R.P.No.3811 of 2022
S.M.SUBRAMANIAM, J.
skr/kak
C.R.P.No.3811 of 2022
19.12.2022
2 issues framed by the court
Whether the civil revision petition challenging the fair and decretal order can be disposed of by granting time to vacate the premises.
Whether the revision petitioners' undertaking to vacate the premises within six months justifies granting time without costs.
1 provisions across 1 enactments
Pachaiyappan (Died) Devakiammal (Died)
Gunasekaran
Panneerselvam
Geetha
Latha
Sudha
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
