Madras High Court
R.Govindarajan vs Official Trustee Of Tamil Nadu on 3 August, 2022
O.S.A.Nos.194, 195, 198 and 199 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
O.S.A. Nos.194, 195, 198 and 199 of 2022 and C.M.P. Nos.11995,
11997, 11996, 11998, 12065, 12066 and 12098 of 2022
R.Govindarajan ... Appellant in all cases
-vs-
Official Trustee of Tamil Nadu
O/o.Administrator General and Official Trustee,
High Court Campus,
Chennai-600 104. ... Respondent in all cases
Prayer: Original Side Appeals filed under Order 36 Rule 1 of Original
Side Rules read with Clause 15 of the Letters Patent against the
judgment and decree dated 24.06.2022 passed in Application Nos.944,
945, 947 and 948 of 2022 in C.S.No.274 of 1899.
For Appellant in all cases : Mr.V.V.Giridhar
For Respondent in all cases : Mr.M.R.Jothimanian
COMMON JUDGMENT
(Judgment of the Court was pronounced by T.RAJA, J.)
These Original Side Appeals have been filed against the Common
Order dated 24.06.2022 passed in Application Nos.944, 945, 947 and
948 of 2022 respectively in C.S.No.274/1899 by the appellant.
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O.S.A.Nos.194, 195, 198 and 199 of 2022
2.Learned counsel appearing for the appellant would contend
that the property bearing Door No.46, Pycrofts Road 1 st Street,
Royapettach, Chennai-600 014 is one of the properties of the trust
estate of Malligai Merchant Charities, which is under the administration
of Official Trustee as per the order dated 01.03.1932 passed by this
Court in C.S.No.274/1899. He would further contend that the said land
was originally leased out to one P.V.Karuppan by the Official Trustee
and after obtaining the lease of the land, the entire construction was
made by him in the above land. Thereafter, he sold the superstructure
with leasehold rights in favour of one Maragathammal, who died in the
year 1966 and subsequently, her legal heirs have sold the
superstructure along with the leasehold rights in favour of appellant's
father S.Ramasamy by a Sale Deed dated 02.07.1979. After his death,
the appellant has become the tenant under the respondent as the
surviving legal heir of his father and he has been paying the monthly
rent of Rs.4,500/- as fixed by the respondent and also paying the
property tax in his name for the entire 3998 sq.ft. of building and also
paying the water tax and other taxes, after getting the electricity
connection for the entire premises in his name.
3.Learned counsel for the appellant would also contend that in
the year 1998, the respondent herein has increased the rent for the
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O.S.A.Nos.194, 195, 198 and 199 of 2022
land-in-question from Rs.4,500/- p.m. to Rs.63,000/- p.m. He would
further contend that when the land-in-question was leased out to his
father and the superstructure has been put up by one P.V.Karuppan, it
is not open to them to enhance the fair rent to an unreasonable higher
amount. However, when the Official Trustee has fixed the fair rent at
Rs.63,000/-, a notice dated 02.11.2019 was sent to the appellant
calling upon him to pay the revised fair rent w.e.f. 01.11.2019. As the
said amount was highly exorbitant, the appellant has been paying the
original rent of Rs.4,500/- p.m. regularly to show his bonafide.
4.In reply, Mr.M.R.Jothiraman, learned Counsel appearing on
behalf of the Official Trustee would contend that when an order dated
02.11.2019 was passed by the Official Trustee fixing the fair rent of
the land and building and also directing the appellant to pay
Rs.63,000/- p.m., till date, the appellant has not come forward to
question the correctness of the same and therefore, the said order has
become final. Therefore, it is not open to him to now challenge that
the fair rent fixed by the Official Trustee is unreasonable.
5.We also find merits on the submissions of the learned Counsel
appearing for the Official Trustee. The reason being that when the
Official Trustee has taken into account the guideline value of the
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O.S.A.Nos.194, 195, 198 and 199 of 2022
property situated at Door No.46, Pycrofts Road 1st Street, Royapettah,
Chennai-600 014, opposite to the Express Avenue in Royapettah, it is
not known why the appellant has not come forward to question the
same till date. In any event, as the said order has become final, the
appellant has no other option except to pay the fair rent failing which
he has to leave the premises.
6.At this stage, learned counsel for the appellant fairly submitted
that if some reasonable breathing time is given to pay the rental
arrears, namely, Rs.24,34,500/-, the same would be paid by the
appellant.
7.Considering the facts and circumstances of the case and also
the fact that the covid-19 pandemic situation has taken over all of us,
this breathing time sought for by the appellant is justified. Therefore,
we are granting 3 months time from today to the appellant to pay the
arrears of fair rent in three instalments. It is made clear that in the
first and second instalments, the appellant shall pay Rs.8,11,500/-
each month and in the 3rd instalment, they would clear the remaining
amount and simultaneously, they shall also continue to pay the
monthly rent of Rs.63,000/- without any default.
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O.S.A.Nos.194, 195, 198 and 199 of 2022
8.Needless to mention that if the appellant commits any default
in payment of arrears of rent, it is open to the Official Trustee to take
over the land-in-question. Till then, the parties are directed to
maintain status-quo as on today.
9.With the above observations and directions, these Original Side
Appeals are disposed of. No costs. Consequently, connected
Miscellaneous Petitions are closed.
(T.R.J.,) (K.B.J.,)
03.08.2022
vga
To
Official Trustee of Tamil Nadu
O/o.Administrator General and Official Trustee,
High Court Campus,
Chennai-600 104.
https://www.mhc.tn.gov.in/judis
O.S.A.Nos.194, 195, 198 and 199 of 2022
T.RAJA,J.
AND
K.KUMARESH BABU,J.
vga
O.S.A. Nos.194, 195, 198 and 199 of 2022 and C.M.P. Nos.11995,
11997, 11996, 11998, 12065, 12066 and 12098 of 2022
03.08.2022
https://www.mhc.tn.gov.in/judis
