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Madras High CourtA/1222/2023disposed of

Official Trustee Of Tamil Nadu v. R.Sowthamani

2023-09-11Honourable Mr Justice S. Vaidyanathan2 pages

A. Nos.1222 to 1224 of 2023 in A. No.4324 of 2021 in C.S. No.274 of 1899 S. VAIDYANATHAN, J.

A. No.1222 of 2023 has been filed by the Official Trustee of Tamil Nadu seeking to recall the order dated 03.12.2021 passed in A.Nos.4324 and 4325 of 2021.

A. No.1223 of 2023 has been filed by the Official Trustee of Tamil Nadu seeking a direction to the respondent to quit and hand over vacant possession of the property in Door No.208, T.H. Road, Thiruvottriyur, Chennai - 19.

A.No.1224 of 2023 has been filed by the Official Trustee of Tamil Nadu seeking to direct the applicant to take over vacant possession of the subject property through police force, in the event of the respondent failing to hand over vacant possession of the subject property. Today, when these applications were taken up for hearing, the learned A.G. & O.T. submitted that the lease period of 5 years comes to an end on 02.12.2026 and the monthly rent paid by the respondent upto 31.08.2023 is Rs.10,000/-; the respondent has agreed to pay the monthly rent with a hike of 15% on the existing rent with effect from 01.09.2023. He further submitted that since the respondent attempted to sublet the vacant site in Door No.208, which was found out by the applicant, the respondent is willing to pay penalty of 10% on the existing rent.

https://www.mhc.tn.gov.in/judis

S. VAIDYANATHAN, J.

cad It is pertinent to point out that the first respondent also appeared in person before this Court and submitted that she is willing to pay monthly rent for the property in question with a hike of 15% on the existing rent, with effect from 01.09.2023, in addition to paying a penalty of 10% on the existing rent, for having attempted to sublet the property in question. In view of the above, it is open to the parties to enter into a fresh agreement qua fixation of rent in the above terms for a period of two years and the respondent shall penalty to the applicant, as assured by her. Needless to state, the agreement qua enhancement of rent may be extended periodically after the expiry of every two years.

These applications stand disposed of accordingly. 11.09.2023 cad A. Nos.1222 to 1224 of 2023 in A. No.4324 of 2021 in C.S. No.274 of 1899 https://www.mhc.tn.gov.in/judis