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Judgment
16 paragraphs · 359 wordsA.C. Arumugaperumal Adityan, J.—Heard the learned Counsel for the revision petitioner and the learned Counsel for the respondent.
This revision has been preferred against the Judgment in RCA. No. 511 of 2004 on the file of the Court of VIII Judge, Court of Small Causes,
Chennai, which had arisen out of an order of eviction in R.C.O.P. No. 1394 of 2002 passed by the learned Rent Controller (XII Judge), Court of
Small Causes, Chennai u/s 10(2)(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act on the ground of wilful default in payment of rent
from April 2002 to 31.7.2002. Both the Courts below have concurrently held that the tenant had committed wilful default in payment of rent.
It is a well settled proposition of law that unless it is shown that the findings of the Courts below is perverse and the Courts have failed to
consider the materials placed before them, it is not open to this Court, while exercising revisional power, cannot interfere with the concurrent
findings of the Courts below.
After elaborate argument, the learned Counsel for the revision petitioner for the suggestion made by this Court, for vacating the premises on a
reasonable time, consulting his client had asked for one year time for vacating the premises. The learned Counsel for the respondent also after
consulting his client had agreed for nine months time to be given for the tenant for vacating the premises. After persuasion , both the counsels have
agreed for giving ten months time to the tenant for vacating and handing over the vacant possession of the petition schedule premises.
In fine, this civil revision petition is dismissed confirming the Judgment of the learned Rent Control Appellate Authority in R.C.A.No.511 of
2004 on the file of the VIII Judge, Court of Small Causes, Chennai. Ten months time (i.e. , on or before 31.1.2010) is granted for the tenant for
vacating and handing over the vacant possession of the premises to the landlord from today. The affidavit of undertaking is to be filed within a
week. No costs. Consequently, connected M.P. No. 1 of 2009 is also dismissed.