Disposed

V.Abdul Aziz, v. P.Sankaralingam

Madras HC23 Nov 2022CRP(MD)/2171/2022

Case brief

AI extract

What is this about?

The Court disposed of a Civil Revision Petition filed to set aside a rent control order. While declining to examine the legal grounds raised, it granted the petitioner time until 23.05.2023 to hand over possession based on an undertaking affidavit.

What did the court decide?

Time granted until 23.05.2023 to hand over possession to the respondent, with liberty to initiate contempt proceedings upon default.

V.Abdul Aziz, Vs P.Sankaralingam — Landlord and Tenant | Madras HC (2022)

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CRP(MD)No.2171 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 23.11.2022

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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CRP(MD)No.2171 of 2022 and CMP(MD)No.10086 of 2022

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V.Abdul Aziz ... Petitioner Vs.

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P.Sankaralingam ... Respondent

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PRAYER: Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings Lease and Rent Control Act, to set aside the fair and decreetal order passed in RCA No.3 of 2021 on the file of the Rent Control Appellate Authority (Principal Sub Court), Tirunelveli dated 01.07.2022 confirming the fair and decreetal order passed in RCOP.No.41 of 2017 on the file of the Principal Rent Controller, Principal District Munsif Court, Tirunelveli dated 05.12.2020.

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For Appellant : Mr.D.Nallathambi

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ORDER

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This civil revision petition is filed as against the fair and decreetal order passed in RCA No.3 of 2021 by the Rent Control Appellate Authority, Tirunelveli dated 01.07.2022 confirming the fair and decreetal order passed

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https://www.mhc.tn.gov.in/judis 1/4

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CRP(MD)No.2171 of 2022

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in RCOP.No.41 of 2017 by the Principal Rent Controller, Tirunelveli dated 05.12.2020.

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2.Though the learned counsel for the petitioner has raised several grounds in support of his contention, this Court is not inclined to entertain this civil

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revision petition on the grounds raised by the petitioner. However, the learned Counsel for the

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petitioner submits that the petitioner is running a tiffin stall in the said property and it is the only source of income for him. However he is ready to vacate the premises if a reasonable time if provided to him to find a suitable alternate place. Further, the petitioner has also filed an affidavit dated 09.11.2022 that he would vacate the premises by 23.05.2023.

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3.Considering the plea that the petitioner is running a hotel and he needs some time to vacate the suit property by finding another suitable place and also in view of the undertaking affidavit filed by him, this Court grants time till 23.05.2023 to the petitioner to hand over the possession to the respondent and failing which, the respondent is at liberty to initiate contempt

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https://www.mhc.tn.gov.in/judis 2/4

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CRP(MD)No.2171 of 2022

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proceedings.

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4.The undertaking affidavit filed by the petitioner

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shall form part of this order.

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5.The Civil Revision Petition is disposed of on the above terms. No costs. Consequently connected miscellaneous petition stands closed.

23.11.2022

dsk

1.The Rent Control Appellate Authority / Principal Sub Judge,

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Tirunelveli.

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2.The Principal Rent Controller, Principal District Munsif, Tirunelveli.

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3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis 3/4

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CRP(MD)No.2171 of 2022

B.PUGALENDHI., J

dsk

JUDGMENT MADE IN

CRP(MD)No.2171 of 2022

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23.11.2022

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https://www.mhc.tn.gov.in/judis 4/4

V.Abdul Aziz, v. P.Sankaralingam

Case brief

What is this about?

What did the court decide?

V.Abdul Aziz, v. P.Sankaralingam

Case brief

What is this about?

What did the court decide?

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