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Madras High CourtA/4320/2021closed

Official Trustee Of Tamil Nadu v. P.Selva Mahesh Raja Now Known As P.J.Mahesh Raja (Deceased)

2025-07-104 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-07-2025

CORAM

THE HONOURABLE MR JUSTICE R. SUBRAMANIAN A Nos. 4320 of 2021 in T.O.S.No. 5 of 1941 Official Trustee of Tamil Nadu Madras High Court Campus, Chennai 600 104.

Applicant(s) Vs P.Selva Mahesh Raja now known as P.J.Mahesh Raja (Deceased) B Block 36, 6th Street, Anna Nagar, Chennai 600 102. AND 3 OTHERS Respondent(s) For Respondent(s):

M/s.A.Ganesh G.Geetha G.Gautam For Respondent D.No.5956/2022, A.No.4320 To 4323/2021 Vak Filed On 24.02.2022, Retd On 02.03.2022

ORDER

The Official Trustee has prayed for eviction of the respondent on the ground that he has damaged another Trust property, in which, he was a tenant when he was asked to vacate. The lease expires on 31.03.2029.

2. Mr.A.Ganesh, learned counsel appearing for the respondent would submit that he is ready to pay 5% increased rent over and above the current rent and the legal heirs of the original tenant may be allowed to continue in occupation of the property till the end of the lease period.

3. Considering the fact that the lease rent was fixed almost 20 years ago, of course, with 15% increase in every 3 years, I find that it will be onerous to direct the tenants to vacate at this point of time, even during the currency of the lease.

4. However, considering the behaviour of the original tenant namely, the predecessor of the respondent, there will be a direction to the respondent to pay an enhanced rent of 10% over and above the existing rent from 01.08.2025, till the expiry of the lease. Upon expiry of the lease, the rent will be re-fixed, taking into account the prevailing circumstances at that point of time. 10-07-2025 kkn Index:No Speaking Internet:Yes

To 1.P.Selva Mahesh Raja now known as P.J.Mahesh Raja (Deceased) B Block 36, 6th Street, Anna Nagar, Chennai 600 102.

2.Vanitha Mahesh W/o.P.J.Mahesh Raja, 3.M.Raj Pradheep S/o.P.J.Mahesh Raja 4.Sandeep Kumar S/o.P.J.Mahesh Raja, 2 to 4 are residing at B Block 36, 6th Street, Anna Nagar, Chennai - 600 102. (Respondents 2 to 4 brought on record as legal heirs of the deceased 1st respondent and the amendment carried out as per order dated 25.04.2025 and time extended by order dated 12.06.2025)

R.SUBRAMANIAN J.

KKN 10-07-2025