IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
M. Swaminathan - Petitioner
Versus
Mr. Umasankar Perumalsamy - Respondent
C.R.P. No. 4381 of 2022 and C.M.P. No. 23211 of 2022
Decided On : 05-01-2023
Civil Procedure Code, 1908 – Section 115 – Civil Revision Petition – Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside order made in E.P. in R.C.O.P of on file of Principal District Munsif Court – Held, In view of undertaking filed by revision petitioner, no further adjudication on merits is warranted – Accordingly, revision petitioner herein is directed to vacate subject premises within a period of two (2) months and hand over vacant possession to respondent / landlord and settle all arrears of rent, if any – In even of failure, respondent is at liberty to move a contempt application before this Court – Civil Revision Petition stands disposed of.
ORDER :
Prayer: Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the order dated 23.12.2022 made in E.P.No.118 of 2019 in R.C.O.P.No.48 of 2018 on the file of the Principal District Munsif Court at Alandur.
The Civil Revision Petition has been filed against the order dated 23.12.2022 passed in E.P.No.118 of 2019 in R.C.O.P.No.48 of 2018.
2. When the civil revision petition was taken up for admission, the learned counsel for the petitioner made a submission that the petitioner is willing to vacate the subject premises and hand over the vacant possession to the respondent / landlord. Accordingly, the petitioner was permitted to file an affidavit.
3. When the matter is taken up for hearing today i.e. on 05.01.2023, the revision petitioner filed an affidavit of undertaking in USR.No.759 dated 04.01.2023, stating that he will vacate the rental premises within a period of two (2) months from today i.e. on 04.01.2023.
4. In view of the undertaking filed by the revision petitioner, no further adjudication on merits is warranted. Accordingly, the revision petitioner herein is directed to vacate the subject premises within a period of two (2) months and hand over the vacant possession to the respondent / landlord and settle all the arrears of rent, if any. In the even of failure, the respondent is at liberty to move a contempt application before this Court.
5. With the above directions, the Civil Revision Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Court grants tenants time to vacate upon undertaking to pay rent and deliver possession without subletting.
The court upheld eviction orders under the Tamil Nadu Buildings Lease and Rent Control Act, determining the petitioners presented no sufficient grounds for reversal.
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