The petitioner/tenant has filed an affidavit of undertaking that he will vacate the petition mentioned premise No.66, Periyakadai Street, Sarpanarpettai, Arni Town on or before 31.12.2010. It appears that the civil revision petition arises out of the Rent Control proceedings in RCOP No.3 of 2002 on the file of Learned District Munsif, Arni. Eviction if sought for by the respondent/landlord on the ground of demolition and re-construction. The Learned Rent Controller namely, District Munsif, Arni has allowed the RCOP No.3 of 2002 on the ground of demolition and re-construction.
2. As against the order passed in RCOP proceedings the petitioner/tenant has preferred R.C.A.No.2 of 2006 on the file of Sub Court, Arni and the Learned Appellate Authority has confirmed the orders of the Learned Rent Controller in RCOP proceedings.
3. When the present civil revision petition is pending before this Court the petitioner/tenant has filed an undertaking the the effect that he undertakes to vacate the petition mention premise No.66, Periyakadai Street, Sarpanarpettai, Arni Town on or before 31.12.2010. However, the learned counsel for the respondent/landlord has made an endorsement that the respondent/landlord has no objection for granting time, by this Court, till 31.12.2010 to the revision petition/tenant.
4. Hence in view of the undertaking of the affidavit filed by the petitioner/tenant and taking note of the fact that the respondent/landlord has no objection for granting time till 31.12.2010, this Court in the interest of justice on the basis of Equity, Fair Play and Good Conscience directs the petition/tenant to vacate and hand over the petition mentioned premises on or before 31.12.2010 and within a week thereafter, the petitioner/tenant is directed to file an affidavit before this Court that he has vacated the petition mentioned premise as per his affidavit of undertaking furnished before this Court on 09.11.2009 without fail. The Registry is directed to take the affidavit filed by the appellant/tenant to form part and parcel of the case. With these directions this Civil Revision Petition is disposed of, without costs. Consequently, M.P.No.1 of 2009 is closed.
prm To The Rent Control Appellate Authority, Arni