Mr.R.P.Darrmalingam v. The Official Trustee Of

Application No.2107 of 2016 in C.S.No.204 of 1940 M.JAICHANDREN,J., This application has been filed by the applicant seeking a direction to the respondent-Official Trustee of Tamil Nadu, to extend the lease in favour of the applicant, in respect of the property comprised in Survey No.240/1, admeasuring an extent of 1 acre 71 cents, situated at No.105, Thiruporur Village, Thiruporur Taluk, Kancheepuram District, for a further period of two years, from 01.05.2016 to 30.04.2018.

2. Heard the learned counsel appearing on behalf of the applicant, as well as the Official Trustee.

3. It is noted that the applicant had taken the property in question on lease, from the respondent, and the lease period was extended, by this Court, from time to time. It is also noted that this Court, vide order, dated 13.06.2014, had earlier extended the lease for a period of two years, from 01.05.2014 to 30.04.2016.

4. This application has been filed by the applicant seeking further extension of lease, for a period of two years, from 01.05.2016 till 30.04.2018.

5. The learned Official Trustee had submitted his report stating

that the request of the applicant may be considered and the lease may be extended, as prayed for by the applicant, for a further period of two years, subject to conditions stated in his report and further on re-transfer of revenue records in the name of the Trust.

6. The learned counsel for the applicant had submitted that, as per the orders of this Court, patta was re-transferred to its original status i.e.,in the name of the Trust. Hence, he had prayed for the extension of the lease in favour of the applicant, as prayed for.

7. The learned Official Trustee had confirmed the above fact by producing the copy of the computerized patta standing in the name of the Trust and the Official Trustee had no objection for extension of the lease in favour of the applicant, for a period of two years.

8. In view of the original report and the additional report filed by the Official Trustee and in view of the submissions made by either side, this Court is inclined to extend the lease, for a period of two years, from 01.05.2016 to 30.04.2018, with the following conditions: (i) The applicant shall pay the entire lease amount of Rs.4,14,720/-, in advance, within a period of 30 days from the date of this order.

(ii) The lease agreement shall be executed upon the terms fixed by the Official Trustee and registered at the cost of the applicant, within 30 days from the date of receipt of a copy of this order.

9. This application stands allowed, accordingly. 06.10.2016 vj2 M.JAICHANDREN, J.

vj2 Application No.2107 of 2016 in C.S.No.204 of 1940 06.10.2016 http://www.judis.nic.in