Allowed

Official Trustee of Tamil Nadu v. M/s. Sarkaria Brothers

Madras HC22 Feb 2023A/1166/2021

Case brief

AI extract

What is this about?

This court allowed applications filed by the applicant for eviction, payment of rental arrears, and damages against the respondents. It directed the jurisdictional Police to facilitate the applicant in taking over vacant possession of the property.

What did the court decide?

Direct the respondent to quit, deliver vacant possession with Police help, and pay rental arrears, interest, and damages.

Official Trustee of Tamil Nadu Vs M/s. Sarkaria Brothers — Landlord and Tenant | Madras HC (2023)

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A.Nos.1166 to 1169 of 2021 in C.S.No.129 of 1937

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Application Nos.1166 to 1169 of 2021 in C.S.No.129 of 1937

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S.VAIDYANATHAN, J

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A.No.1166 of 2021 is filed to direct the respondent to quit and deliver

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the vacant possession of the premises in the ground floor of Door No.179, Govindappa Naicken Street, George Town, Chennai-1 to the applicant within a time frame.

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A.No.1167 of 2021 is filed to direct the respondent to pay the rental arrears upto 05.01.2021 aggregating to a sum of Rs.1,40,567/- with applicable administrative charges as charged for delayed payment applicable to all the tenants together with bank interest at the rate of 6% per annum.

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A.No.1168 of 2021 is filed to direct the respondent to pay the damages for the premises occupied by them from 06.01.2021 to till the date of delivery of vacant possession at the rate of Rs.21,238/ - per month.

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A.No.1169 of 2021 is filed praying that if the respondent fails to

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hand over the vacant possession within the time framed by this Court, the applicant should not be permitted to take over the vacant possession through Page No.1 / 4

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https://www.mhc.tn.gov.in/judis

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A.Nos.1166 to 1169 of 2021 in C.S.No.129 of 1937

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Police force.

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Notice has been served on the respondents and proof affidavit has

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also been filed along with the postal tracking of items delivered and it was despatched on 31.03.2021.

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The respondent is represented by a learned counsel who took adjournments, particularly on 11.02.2022 and 25.02.2022.

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The fact is that the arrears of rent is due as on date and not paid by the respondents. The respondents are bound to vacate the premises in question and hand over the vacant possession to the learned A.G. & O.T.

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The arrears of rent as prayed for together with interest @ 6% per annum, needs to be paid by the respondents, apart from damages as prayed for.

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The learned A.G. & O.T. has sought for permission to take over the vacant possession of the premises in question with the help of the jurisdictional Police. In view of the default committed by the respondents, this Court finds that there is every justification in the above permission sought for by the learned A.G. & O.T.

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Accordingly, the jurisdictional Police is directed to accord Police Page No.2 / 4

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https://www.mhc.tn.gov.in/judis

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A.Nos.1166 to 1169 of 2021 in C.S.No.129 of 1937

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permission to the officials of for the learned A.G. & O.T. so as to enable the

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to take over the vacant possession of the property in question. The date and time of taking possession of the property shall be intimated to the Pllice in advance by the learned A.G. & O.T.

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With the above observations and direction, these applications are

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allowed. There shall be no order as to costs.

22.02.2023

Page No.3 / 4

https://www.mhc.tn.gov.in/judis

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A.Nos.1166 to 1169 of 2021 in C.S.No.129 of 1937

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S.VAIDYANATHAN, J

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A.Nos.1166 to 1169 of 2021

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in C.S.No.129 of 1937

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22.02.2023

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Page No.4 / 4

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https://www.mhc.tn.gov.in/judis

Official Trustee of Tamil Nadu v. M/s. Sarkaria Brothers

Case brief

What is this about?

What did the court decide?

Official Trustee of Tamil Nadu v. M/s. Sarkaria Brothers

Case brief

What is this about?

What did the court decide?

What the court decided

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