Official Trustee Of Tamilnadu v. Mr.R.Sampath Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.12.2021 Coram:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY Application Nos.4327, 4328, 4329 ,3942 & 3943 of 2021 The Official Trustee of Tamil Nadu, High Court Campus, Chennai-600 104.
... Applicant in A.Nos.4327 to 4329/2021 and Respondent in A.Nos. 3942 & 3943/2021 v.
Mr. R.Sampath Kumar, No.180, Jawaharlal Nehru Street, Tiruvalur.
... Respondent in A.Nos.4327 to 4329/2021and Applicant in A.Nos. 3942 & 3943/2021 Application No.4327 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules read with Section 151 of the Code of Civil Procedure prayed to direct the respondent to pay the Page No.1/7
damages for the premises occupied by him from 01.11.2021 to till the date of delivery of vacant possession at the rate of Rs.50,000/- per month..
Application No.4328 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules read with Section 151 of the Code of Civil Procedure prayed to direct the respondent to hand over vacant possession within the time framed by this court and the applicant may be permitted to take over the vacant possession through police force.
Application No.4329 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules read with Section 151 of the Code of Civil Procedure prayed to direct the respondent to quit and deliver the vacant possession of premises at D.No.180, Jawaharlal Nehru street, Tiruvallur within a time frame. Application No.3942 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules read with Section 151 of the Code of Civil Procedure prayed to grant an order of interim stay of the order made in Dis.No.1754 OTHC/MKA/2021, dated 21.10.2021 on the file of the respondent pending disposal of the application. Page No.2/7
Application No.3943 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules read with Section 151 of the Code of Civil Procedure prayed to set aside the order made in Dis.No.1754 OTHC/MKA/2021, dated 21.10.2021 on the file of the respondent.
For Applicant in A.Nos.
3942 & 3943/2021 & :
Respondent in A.Nos.4327 to 4329/2021 : Mr.R.Bharanidharan Applicant in A.Nos.4327 to 4329/2021 and Respondent : Mr.S.Raju in A.Nos. 3942 & 3943/2021: Administrator General & Official Trustee C O M M O N O R D E R The Administrator General & Official Trustee has filed the Application No.4327 of 2021 to direct the respondent to pay the damages for the premises occupied by him from 01.11.2021 to till the date of delivery of vacant possession at the rate of Rs.50,000/- per month.. Page No.3/7
2. Application No.4328 of 2021 has been filed by the Administrator General & Official Trustee to permit him to take possession of the property with the assistance of the Police.
3. Application No.4329 of 2021 has been filed by the Administrator General & Official Trustee to direct the respondent to quit and deliver the vacant possession of the premises at D.No.180, Jawaharlal Nehru street, Tiruvallur within a time frame. 4.The Administrator General & Official Trustee submitted that the respondent had put up unauthorised construction and also sublet the property leased out to him without gettting any permission from him. Further, the Administrator General & Official Trustee submitted that since the respondent had violated the terms and conditions of the lease, he is liable to be evicted. Since the respondent had violated the terms and conditions, the Administrator General & Official Trustee has filed the above three applications seeking for the reliefs mentioned in the Judge's Summons.
5. Mr.R.Bharanidharan, learned counsel appearing for the Page No.4/7
respondent submitted that the respondent had only put up termporary shed and he has not sublet the premises to any third party. However, the Administrator General & Official Trustee submitted that he personally visited the property in question and found that two subtenants are in occupation of the premises.
6. Having regard to the submissions made by the learned counsel on either side, since the respondent had violated the conditions of the lease by putting up unauthorised construction and subleting the premises, the applications in A.Nos. 4328 and 4329 of 2021 are allowed. The respondent is directed to handover vacant possession of the property within one month from the date of receipt of a copy of this order, failing which, the Administrator General & Official Trustee shall take possession of the property with the assistance of the Police. It is needless to mention that the respondent should handover possession of the property along with all movables, which were handed over to him at the time of leasing out the property. So far as damages sought for in Application No.4327 of 2021 is concerned, since the respondent is Page No.5/7
paying a sum of Rs.25,000/- without any default from 2009, this court is not inclined to order damages. Accordingly, Application No.4327 of 2021 stands dismissed.
7. Pursuant to the order passed in Application Nos. 4327 to 4329 of 2021, Applications in A.Nos. 3942 & 3943 of 2021 are dismissed. 17.12.2021 Rj To The Administrator General and Official Trustee High Court, Madras.
Page No.6/7
M. DURAISWAMY, J.
Rj Application Nos.4327, 4328, 4329,3942 & 3943 of 2021 17.12.2021 Page No.7/7