Allowed

Official Trustee of Tamil Nadu v. M/s.M.Chellapathi Rao

Madras HC1 Feb 2023A/2126/2022

Case brief

AI extract

What is this about?

The official trustee sought declaration to pay rental arrears and interest from a tenant. The tenant argued evacuation in 2014 undermined the claim. The court held the tenant must pay arrears as per auction terms despite the property's condition and ordered collection of the claimed amount.

What did the court decide?

The application filed by the Official Trustee is allowed; the arrears of rent and interest are to be collected from the respondent in the manner known to law.

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

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S.VAIDYANATHAN,J.

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A.No.2126 of 2022 in C.S.No.15 of 1950

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A.No.2126 of 2022

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A.No.2126 of 2022 has been filed by the Official Trustee of Tamil Nadu for a direction to the respondent herein to pay the rental arrears amount of Rs.2,23,585/- along with interest @ 7.5% aggregating to a sum of Rs.3,21,407/-

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The responent has submitted that he was inducted as a tenant in respect of a portion of the property bearing Door No.68, Jermiah Road, Vepery, Chennai by way of public auction on fixation of Rs.10.050/- as rent and that he had taken possession of the property on 10.07.2000. The respondent has further submitted that pursuant to the letter dated 25.07.2014 and termination notice dated 18.08.2014 of the AG&OT, the building was vacated and handed over to the Official Trustee as early as on 30.09.2014. However, subsequently, a letter dated 18.12.2015 was received from the Official Trustee, claiming a sum of Rs.1,60,800/- towars arrears of rent from September, 2014 to December, 2015 and the demand of Rs.3,21,407/- towards arrears of rent is not justified and the

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Page 1 of 4

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

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A.No.2126 of 2022

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Official Trustee has no right to claim amount for the period in which the respondent was not in possession of the property.

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Mr.S.Raju, learned Administrator General and Official Trustee of Tamil

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Nadu (AG&OT) has contended that the respondent had taken lease of the property through public auction after due inspection and he evaded payment of rent from September, 2014, saying that he could not use the property pursuant to its dilapidated state and also failed to hand over the possession back to the Official Trustee. After several letters and reminders made by the Official Trustee, finally, the respondent had chosen to hand over the property only on 22.06.2016 (letter in Ex.D7) without paying the arrears of rent of Rs.3,01,817/-.

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Considering the submissions on either side, I am of the view that the respondent, upon finding that the building is very old and in a dilapidated condition, ought to have handed over the possession to the Official Trustee immediately on the 2^nd day of taking delivery of the premises and the respondent, having utilized the place for more than two decades, cannot make hue and cry at the 11^th hour, by shedding crocodile tears, stating that no amount

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Page 2 of 4

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

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A.No.2126 of 2022

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can be demanded. When the property was taken on rent by public aucton, it is a duty cast upon the respondent to adhere to the demand in respect of payment of

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arrears as per the terms and conditions of the auction.

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Hence, finding no substance or merit in the submission of the respondent, A.No.2126 of 2022 filed by the Official Trustee is allowed and the Official Trustee shall collect the arrears of rent from the respondent in the manner known to law.

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01.02.2023

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S.VAIDYANATHAN,J.

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Page 3 of 4

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

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A.No.2126 of 2022

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A.No.2126 of 2022 in C.S.No.15 of 1950

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01.02.2023

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Page 4 of 4

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

Official Trustee of Tamil Nadu v. M/s.M.Chellapathi Rao

Case brief

What is this about?

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Official Trustee of Tamil Nadu v. M/s.M.Chellapathi Rao

Case brief

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