This civil revision petitioner/tenant has filed the present civil revision petition as against the fair and decreetal order dated 05.06.2008 in R.C.A.No.25 of 2003 passed by the learned Rent Control Appellate Authority (Principal Subordinate Judge, Dindigul), as against the order dated 19.09.2003 passed in R.C.O.P.No.2 of 2002 by the learned Rent Controller, Vedasanthur, (District Munsif cum Magistrate, Vedasanthur).
2. Today, when the matter has come up for hearing, the learned Counsel for the revision petitioner/tenant has filed an affidavit of undertaking before this Court making an averment inter alia that 'she is building a hospital in the same town and that the building is nearing completion and that the same will be completed in another five months and that she is in need of one more month to vacate the premises in which she is running the hospital and to shift to the new building and therefore, she undertakes to vacate and hand over the possession of the demised premises (which is the subject matter of proceedings in R.C.O.P.No.2 of 2002 on the file of the learned Rent Controller, Vedasanthur, (District Munsif cum Magistrate, Vedasanthur) within a period of six months from 06.04.2009 and that she undertakes to vacate the said premises and hand over the possession of the demised premises in issue to the respondent/landlord on or before 06.10.2009 and has prayed this Court to record the same and to pass orders accordingly.'
3. The learned Counsel for the respondent/landlord has no objection for the grant of six months' time to the revision petitioner/tenant to vacate and hand over the possession of the demised premises in issue as informed by the respondent/landlord, before this Court.
4. In view of the averments made in the affidavit of undertaking referred to supra, filed by the revision petitioner/tenant, this Court records the same and resultantly, directs the revision petitioner/tenant to vacate and hand over the possession of the demised premises in R.C.O.P.No.2 of 2002 on the file of the learned Rent Controller, Vedasanthur, (District Munsif cum Magistrate, Vedasanthur), on or before 06.10.2009 and later, to file an affidavit to the effect that she has vacated and handed over the possession of the demised premises to the respondent, before this Court within a week thereon without fail. This Court also directs that the revision petitioner/tenant shall abide by the tenure and spirit of the undertaking given in his affidavit and also by adhering to the direction issued by this Court referred to supra without any deviation whatsoever.
5. Accordingly, the civil revision petition is disposed of recording the affidavit of undertaking furnished by the revision petitioner/tenant and it is further ordered that the said affidavit of undertaking shall form part of the order and records of this Court. No costs. Resultantly, the connected Miscellaneous Petition is closed.
rsb To
1.The Rent Control Appellate Authority, (Principal Subordinate Judge, Dindigul).
2.The Rent Controller, Vedasanthur, (District Munsif cum Magistrate, Vedasanthur).
3.The Sub Assistant Registrar (Judicial), Madurai Bench of Madras High Court, (To watch and report).