Partly allowed

K.K.Thirumurugan v. R.Gayathri Ramachandran

Madras HC11 Sept 2024SA/631/2024

Case brief

AI extract

What is this about?

Second appeal by a tenant challenging eviction findings. The High Court granted six more months to vacate the premises and directed payment of Rs.20,500 as rent as interim/relief, retaining power to reopen the matter if vacant possession is not surrendered by the deadline.

What did the court decide?

Six months time granted to vacate; Rs.20,500 rent payable by appellant from March 2024; power to reopen matter if not vacated.

K.K.Thirumurugan Vs R.Gayathri Ramachandran — Landlord and Tenant | Madras HC (2024)

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SA. No.631 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.09.2024

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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SA. No. 631 of 2024

K.K.Thirumurugan

... Appellant

Vs.

R.Gayathri Ramachandran

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..Respondent

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PRAYER : This Second appeal filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree passed in AS No. 324 of 2023 dated 28.03.2024 by the learned I Additional City Civil Court, Chennai, reversing OS No. 4224 of 2022 dated 12.10.2023 by the learned XX Assistant City Civil Judge, Chennai.

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For Appellant : Mr.V.Ramamurthy

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JUDGMENT

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

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SA. No.631 of 2024

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This second appeal has been filed to set aside the judgment and decree passed in AS No. 324 of 2023 dated 28.03.2024 by the learned I Additional City Civil Court, Chennai, reversing OS No. 4224 of 2022 dated 12.10.2023 by the learned XX Assistant City Civil Judge, Chennai.

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The learned counsel for the appellant/tenant submits that while

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disposing the first appeal in the month of March 2024 there was a terms of compromise arrived between the appellant/tenant and the respondent, in which, the appellant agreed to hand over the possession to the respondent on or before 16.08.2024 and also agreed to pay a sum of Rs.10,000/- as arrears. Now, challenging the said findings the appellant preferred this second appeal. Further she submits that, the appellant is constructing building hence seeks further time to hand over the vacant possession.

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Considering the above, this Court is inclined to grant further six

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months time to vacate the premises and the appellant is directed to pay a sum of Rs.20,500/- as rent from the month of March 2024 till handing over the vacant possession of suit schedule property. If the appellant failed to

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

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SA. No.631 of 2024

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hand over the vacant possession within the above said period, this Court will reopen the matter. Accordingly, this second appeal is disposed of. No Costs.

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Consequentially, connected miscellaneous petition is closed.

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11.09.2024

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pbl

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To 1.The Section Officer, V.R Section.

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

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SA. No.631 of 2024

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T.V.THAMILSELVI,J.

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Pbl

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SA. No.631 of 2024 & CMP No. 20124 of 2024

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11.09.2024

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

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K.K.Thirumurugan v. R.Gayathri Ramachandran

Case brief

What is this about?

What did the court decide?

K.K.Thirumurugan v. R.Gayathri Ramachandran

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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