BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Thirteenth day of June Two Thousand and Eleven PRESENT: THE HONOURABLE MR. JUSTICE. N.KIRUBAKARAN Civil Revision Petition (NPD).(MD).NO.592 of 2011 S.Deivendran : Petitioner/Tenant Vs K.Nandakumar : Respondent/Landlord Petition under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 praying the High Court to revise the fair and decreeted order passed by Rent Control Appellant Authority/Principal Sub Court Madruai dated 23.11.2010 made in R.C.A.No.49 of 2009 confirming in R.C.O.P.No.67 of 2005 dated 19.12.2008 on the file of Rent Controller (Additional District Munsif) Madurai ORDER : This petition coming up for orders as to admission on This day upon perusing the Grounds of Appeal, the material papers of the lower court and the records in the case and upon hearing the arguments of Mr.M.S.Suresh Kumar, Advocate for the petitioner and of Mr.N.Murugesan for the Respondent this Court while dismissing the petitions doth hereby orders and decree as follows : i)that the Judgment and Decree dated 23.11.2010 passed in R.C.A.No.49 of 2009 (Rent Control Appellate Authority), Principal sub Court, Madurai and R.C.O.P.No.67 of 2005 dated 19.12.2008 on the file of Additional District Munsif, Madurai are and hereby confirmed and the Civil Revision Petition is dismissed and ii)The petitioner/Tenant be granted time to vacate the premises on or before 31.12.2002 on the following conditions (a) that the petitioner has to file an undertaking affidavit on or before 24.06.2011 unconditionally agreeing to vacate and handover the vacant possession of the entire tenanted premises on or before 31.12.2012; (b) the pending Execution Proceedings in EP.NO.21 of 2009 be and hereby is permitted to proceed till passing of delivery of Possession and kept in abeyance till 31.12.2012; (c)The petitioner is be and hereby directed not to encumber or create 3rd parties interest in respect of the property (d) that the petitioner shall continue to pay the monthly rent payable to the respondent on or before 7th of every month till the vacates (ie) 31.12.2012 https://hcservices.ecourts.gov.in/hcservices/ (e) that if the petitioners fails to comply with any of the conditions the order shall become enforceable forth with (f) that if the petitioners does not vacate the premises on or before 31.12.2012 the execution court be and hereby is directed to issue warrant with police protection on the very next working day for taking possession 3) that there by no costs in the CRP Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1. The Additional District Munsif, Madurai 2. The Principal Sub Judge, Madurai Copy to: The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.M.S.Suresh Kumar, Advocate (SR.No.18678) +1 CC to Mr.N.Murugesaan, Advocate (SR.No.19200) DECREE CRP (NPD).(MD) No.592 of 2011 Dated : 13.06.2011 Nature of Decree : Dismissing the Civil Revision Petitions preferred against the Judgment and Decree dated 23.11.2010 passed in 49 of 2009 on the file of the Principal Sub Court, Madurai on RCOP.NO.67/2005 on the file of Additional District Munsif, Madurai as stated within GH : 11.07.2011 : 2p/6c https://hcservices.ecourts.gov.in/hcservices/