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2025 DAILYLAW 80053 (MAD)

M.Swaminathan v. Administrative General and Official Trustee

A/5989/2023 · 2025-03-06

S S Sundar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A NO. 5989 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-01-2025 CORAM THE HONOURABLE MR JUSTICE S. S. SUNDAR A NO. 5989 of 2023 in OP.No.109/1942 M.Swaminathan S/o.Murugaiyan, No.47, Moore Street, Parrys, Chennai 600 001. Applicant(s) Vs Administrative General and Official Trustee High Court Campus, Chennai 600 104. Respondent(s) For Applicant(s): Mr.T.T.Ravichandran Mr.M.Swaminathan, Party-in-person For Respondent(s): Mr.N.Ramanathan, AG&OT ORDER This application s filed in OP.No.109/1942 with a prayer to set aside the order passed by the learned AG&OT vide proceedings dated 30.06.2022. 2.Mr.T.T.Ravichandran, learned counsel on record has stated that his client has engaged some other Advocate to prosecute the case. The applicant appeared in person and he also acknowledged the submission of the learned counsel on record. However, the applicant who appeared in person, wanted https://www.mhc.tn.gov.in/judis to contest the case and this Court heard his submissions on merits. 3.The applicant/party-in-person is a tenant in respect of the property of the Trust estate which is under the control of the learned AG&OT. Earlier, by an Award of Lok Adalat dated 11.09.2021, the applicant/party-in-person was directed to vacate and deliver vacant of the premises in the first floor of the building bearing Door No.47, Moore Street, George Town, Chennai-1, if he fails to pay current rent at the rate of Rs.33,098/- from 15.11.2019 and rental arrears upto 14.11.2019 with interest for belated payment. Based on a Compromise Memo, the Lok Adalat award was passed in the following lines:- ''AWARD These applications are filed seeking a direction to the respondent [i]to quit and deliver vacant possession of premises in the first floor No.47, Moore Street, George Town, Chennai-1, within a time frame [ii]to pay the rental arrears upto 14.11.2019 aggregating a sum of Rs.67,308/- with applicable administrative charges as charged for delayed payment, applicable to all the tenants together with bank interest at the rate of 6.75% p.a. [iii] to pay the damages for the premises occupied by him from 15.11.2019 to till the date of delivery of vacant possession at the rate of Rs.33,098/- per month and [iv]if the respondent failes to hand over vacant possession within a time frame to be fixed by this Court. https://www.mhc.tn.gov.in/judis 2.The subject matter of the property, in these applications, is under the control of Administrator General and Official Trustee, which is leased out to the respondent. 3.The respondent has not paid the agreed monthly rent and he has not maintained the property. Hence, the above applications have been filed with the above prayer. 4.Pending the applications, a compromise has reached between the landlord and tenant and the tenant has agreed to pay a sum of Rs.12,662/- + GST per month for the subject property. Further, the tenant has agreed to pay the arrears of rent of Rs.1,35,800/- with GST, in four instalments with effect from October 2021 failing which the tenant has to vacate the subject property. The parties have also filed a Compromise memo dated 11.09.2201 to that effect. 5.In view of the compromise entered into between the parties, the respondent/tenant is directed to pay a sum of Rs.12,662/- + GST per month for the subject property. Further, the respondent/tenant is directed to pay the arrears of rent of Rs.1,35,800/- with GST, in four instalments with effect from 01.10.2021, failing which he has to vacate the subject property. The Compromise Memo dated 11.09.2021 is recorded.'' 4.This Court finds no merit in the application challenging the Lok Adalat Award. The facts admitted would only show that the applicant's lease had come to an end. The applicant/party-in-person volunteered to pay the https://www.mhc.tn.gov.in/judis admitted arrears, but did not pay any amount pursuant to the direction to evict the property. None of the reasons stated in the affidavit can be countenanced. 5.Hence, on the admitted facts, this Court finds no merit in the application. Accordingly, the application stands dismissed. 6.The learned AG&OT is directed to ensure that the property is taken possession and brought to public auction within a period of eight weeks from the date of receipt of a copy of this order. 30-01-2025 AP To 1. Administrative General and Official Trustee High Court Campus, Chennai 600 104. https://www.mhc.tn.gov.in/judis S.S.SUNDAR, J. AP A NO. 5989 of 2023 in OP.No.109/1942 30.01.2025 https://www.mhc.tn.gov.in/judis