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Madras High CourtA/6401/2014disposed of

The Official Trustee Of Tn v. V.Chandrasekar

2022-02-25Honourable Mr Justice M.Duraiswamy5 pages

A.No.2838 of 1935 M.DURAISWAMY, J.

A.No. 6401 of 2014 has been filed by the learned Official Trustee to direct the respondents to quit and deliver the vacant possession of the property.

2. A.No. 6402 of 2014 has been filed by the Official Trustee to direct the respondents to pay a sum of Rs. 52,160/- as damages for use and occupation from March, 2013 to June, 2014.

3. A.No. 6407 of 2014 has been filed by the Official Trustee seeking police protection for taking possession of the property.

4. While the above applications were pending, the respondents have filed applications in A.Nos. 3417 and 3418 of 2018 for the execution of the lease deeds.

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5. When the above applications were taken up for hearing, the respondents filed a memo dated 22.02.2022, seeking for the closure of the applications in A.Nos. 3417 and 3418 of 2018.

6. Further Mr. R. Thiagarajan, learned counsel appearing for the respondents submitted that the applications filed by the respondents may be dismissed as withdrawn and liberty may be given to them to participate in the auction to be conducted for fresh lease in respect of the property.

7. The learned Administrator General and Official Trustee submitted that the respondents may be directed to hand over the vacant possession of the property within one (1) month from today and they may be directed to pay the damages at least at the rate of Rs.20,000/- per month commencing from 01.04.2013 till they deliver the vacant possession.

8. Mr. R. Thiagarajan, learned counsel appearing for the respondents submitted that the respondents undertake to vacate and handover the possession of the properties within one (1) month from today and that they also undertake to pay the damages at the rate of Rs.15,000/- per month commencing from 01.04.2013 till they handover vacant possession.

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9. Further, learned counsel submitted that the respondents also undertake to clear all the arrears of rent from 01.04.2013 before vacating the premises.

10. In view of the submissions made by the learned counsel for the respondents and learned Administrator General and Official Trustee, the respondents are directed to vacate and handover the vacant possession of the property within one (1) month from today, failing which, the learned Administrator General and Official Trustee is at liberty to evict the respondents with the assistance of police.

11. The respondents/tenants are also directed to pay the damages at the rate of Rs. 15,000/- per month commencing from 01.04.2013 to the date on which they are handing over the possession of the property.

12. It is open to the respondents to participate in the auction to be conducted for fresh lease with respect to the property. 3/5

13. With these observations, the applications in A.Nos. 3417 and 3418 of 2018 are dismissed as withdrawn and applications in A.Nos. 6401, 6402 and 6407 of 2014 are disposed of.

25.02.2022 mrn Note: Issue order copy on 28.02.2022.

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M.DURAISWAMY, J.

(mrn) A.No.2838 of 1935 25.02.2022 5/5