In a revision regarding an eviction order under the Tamil Nadu Buildings Lease Act, the High Court granted the petitioner time to file an undertaking to vacate by 30.06.2023, suspending execution pending the affidavit.
Time granted till 05.12.2022 to file an undertaking affidavit; execution of eviction order suspended till 30.06.2023 pending such affidavit.
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.527 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.No.527 of 2022 and C.M.P.No.2784 of 2022
P.Senthur Raja ... Petitioner
vs
S.Peter ... Respondent
Prayer: Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings Lease and Rent Control Act, 1960, praying to set aside the Judgement and Decree passed in R.C.A.No.358 of 2019 dated 03.12.2021 on the file of the VII Small Causes Court (Appellate Authority) at Chennai in confirming the Fair and Decreetal Order passed in R.C.O.P.No.772 of 2017 dated 17.09.2019 on the file of the X Small Causes Court at Chennai by allowing the present Civil Revision Petition.
For Petitioner : Mr.C.S.Srinivasan
For Respondent : Mr.P.B.Balaji
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ORDER
The Civil Revision Petition is filed challenging the order passed by the X Small Causes Court, Chennai in R.C.O.P.No.772 of 2017, dated 17.09.2019 allowing the eviction petition filed by the respondent on the ground of willful default and confirmed by the VII Small Causes Court (Appellate Authority), Chennai in R.C.A.No.358 of 2019 dated 03.12.2021.
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dismissed. The petitioner is granted time till 05.12.2022 to file an undertaking affidavit to that effect. On filing of such undertaking affidavit, the execution of eviction order against him remain suspended till 30.06.2023. If he fails to file undertaking affidavit on or before 05.12.2022, it is open to the respondent to proceed with the execution of the eviction order immediately. No costs. Consequently, the connected civil miscellaneous petition is closed.
01.12.2022
Index : Yes / No Speaking Order : Yes / No dm
To
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C.R.P.No.527 of 2022
S.SOUNTHAR, J.
dm
C.R.P.No.527 of 2022
01.12.2022
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1 issue framed by the court
Whether to allow extra time for the petitioner to file an undertaking affidavit to vacate the premises.
P. Senthur Raja
S. Peter
S. Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
