M/S. General Swadeshis Drapers v. Lic Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2023 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and CMP.No.5115 of 2017 M/s.General Swadeshis Drapers, Rep by Proprietor G.P.Gupta, Prithivi Insurance Building Annexe, Door No.228, NSC Bose Road, Chennai-600 001 .. Petitioner vs 1.LIC of India, Southern Zonal Office, LIC Building, 102 Anna Salai, Chennai-600 002 2.S.Ajmal Khan 3.M.Anuradha 4.Alwar 5.A.Mohammed Ismail .. Respondents (Respondents 2 to 5 are impleaded by order 1/13

of this Court dated 22.08.2023 in CMP.No.10546 of 2021in CRP.No.1064 of 2017) Petition filed under Article 227 of the Constitution of India against the order and decreetal order C.M.A.No.68 of 2005 dated 20.2.2017 passed by the Principal City Civil Judge, Chennai, and confirming the order passed by the Estate Officer, LIC of India, South Zone, Chennai in Petition No.27 of 2004 dated 20.4.2005.

For Petitioner : Mr.G.Veerapathiran For Respondents : Mr.N.Vijayaraghavan (for R1) for M/s.M.B.Gopalan Associates Mr.C.Lingam (for R2) Mr.Radhakrishnan (for R3 & R4) Mr.A.Palaniappan (for R5)

O R D E R

CRP.No.1064 of 2017 is a proceeding which has arisen under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. 2.When the matter came up before this Court on 12.04.2023, taking into consideration that the property is in the occupation of sub 2/13

tenants, it was referred to Mediation headed by Mr.M.K.Kabir, learned Senior Advocate of this Court. Mr.M.K.Kabir has submitted a report stating as follows:

(i) The sub tenants have attorned the tenancy directly on the landlord namely, Life Insurance Corporation of India. (ii) The sub tenants have agreed to pay a sum of Rs.56.25/- per sq. ft. from September 2023.

(iii) The sub tenants have given individual letters stating that they will clear the arrears on or before 16.10.2023 and (iv) Finally Life Insurance Corporation of India has agreed to all these terms other than the time for payment of arrears. 3.Mr.N.Vijayaraghavan, learned counsel appearing for the Life Insurance Corporation of India has filed four (4) independent memos for each of the newly impleaded respondents/sub tenants. The memos read as follows:

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The memos are taken on record and shall form part of the order. 4.The sub tenants having become direct tenants under the landlord Life Insurance Corporation of India, no further adjudication is necessary in this revision.

5.The only point that remains to be considered is the time within which the agreed amount of arrears has to be paid. While Life Insurance Corporation of India wants it by 31.08.2023, the tenants considering the 11/13

quantity involved would request time till 16.10.2023. I feel interests of justice will be served, if the entire arrears is cleared on or before 30.09.2023.

6.This Court places on record its immense gratitude to Mr.M.K.Kabir, who readily took up the assignment of settling the matter and has filed a report on 21.08.2023.

7.The civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 22.08.2023 Index:Yes/No Speaking order/Non-speaking order vs To The Principal City Civil Judge, Chennai, 12/13

V. LAKSHMINARAYANAN,J.

vs and CMP.No.5115 of 2017 22.08.2023 13/13