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Madras High CourtA/2708/2020closed

S Divya v. The Official Trustee

2023-02-01Honourable Mr Justice S. Vaidyanathan2 pages

A.Nos.2708 to 2713 of 2020 A.Nos.2708 to 2713 of 2020 in A.No.897 of 2020 S.VAIDYANATHAN,J.

A.Nos.2710 & 2713 of 2020 have been filed for waiver of the rent in respect of the leased property during the lockdown period.

2. It is the case of the applicants that pursuant to the orders of this Court dated 28.02.2020 passed in A.No.897 of 2020, there was a rental agreement between the Official Trustee and the applicants herein. Even though lease was granted in their favour, within few days from the date of agreement, there was announcement of lockdown owing to Covid-19, on account of which, the applicants were unable to utilize the property. Therefore, this Court may consider waiver of rent for the lockdown period.

3. Admittedly, there was execution of rental agreement between the parties on 18.03.2020 and from the date of taking possession of the property qua execution of agreement, it is a duty cast upon the applicants to pay the rent and the request for waiver of rent on the leased property cannot be accepted. https://www.mhc.tn.gov.in/judis

A.Nos.2708 to 2713 of 2020 S.VAIDYANATHAN,J.

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4. Finding no justification in the relief sought for, A.Nos.2710 & 2713 of 2020 are dismissed. In view of dismissal of A.Nos.2710 & 2713 of 2020, nothing survives for further adjuciation in other applications in A.Nos.2708, 2709, 2711 & 2712 of 2020 filed by the very same applicants. Accordingly, A.Nos.2708, 2709, 2711 & 2712 of 2020 are closed.

01.02.2023 ar A.Nos.2708 to 2713 of 2020 in A.No.897 of 2020 https://www.mhc.tn.gov.in/judis