Madras High Court
N.Dilli Batcha vs The Administrator General Of ... on 25 March, 2022
O.S.A.No.64 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2022
CORAM :
THE HON'BLE MR. JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI
O.S.A.No.64 of 2022
and C.M.P. No. 5027 of 2022
N.Dilli Batcha .. Appellant
v.
1. The Administrator General of Tamil Nadu,
High Court Campus,
Chennai - 600 104.
2. Valliamal .. Respondent
Original Side Appeal filed under Clause 15 of Letters Patent and
Order 36 Rule 11 of Original Side Rules to set aside the decreetal order
dated 10.01.2020 passed in A.No.8126 of 2019 in O.P. No.100 of 1954
and thereby direct the respondent to renew the lease agreement dated
14.10.2020 as per clause 26 for further period.
For Appellant : Mr. Mr.R.Narendran
https://www.mhc.tn.gov.in/judis
O.S.A.No.64 of 2022
For Respondent : Mr.M. Jagadheesan
Addl. Dy. AG & OT
JUDGMENT
(Order of the Court made by M.DURAISWAMY,J.)
Challenging the order passed in A.No.8126 of 2019 in O.P.
No.100 of 1954 the 1st respondent-tenant has filed the above Original
Side Appeal
2. It is not in dispute that the appellant entered into a lease
agreement for a period of 11 months with the respondent-The
Administrator General of Tamil Nadu and his lease period was to expire
on 30.09.2020. The learned Administrator General & Official Trustee
filed an application in A.No.8126 of 2020 seeking permission to
demolish and reconstruction of the building at premises No.10,
Venkatesa Gramani Street, Chinthadripet, Chennai, which in occupation
of the appellant.
3. The learned Singe Judge, after taking into consideration the
tenure mentioned in the lease agreement, granted time to the tenants to
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O.S.A.No.64 of 2022
continue to be in possession of the property till 30.09.2020 i.e. the date
on which the lease came to an end. The learned Single Judge directed
the tenants to vacate and hand over possession of the property on or
before 01.10.2020. Now, challenging the order dated 10.01.2020
passed by the learned Single Judge in A.No.8126 of 2019, the 1st
respondent-tenant has filed the present Original Side Appeal.
4. It is pertinent to note that though this court directed the tenants
to vacate and hand over possession of the property on or before
01.10.2020, they violated the order passed by the learned Single Judge
and continue to remain in possession of the same till today.
5. The learned counsel appearing for the appellant submitted that
the appellant-tenant had paid the monthly rent till December 2021.
However, Mr.M. Jagadheesan, learned Dy. AG & OT appearing in
person disputed the contention of the learned counsel for the appellant.
6. The learned counsel appearing for the appellant submitted that a
month's time may be granted to the appellant-tenant to vacate and
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O.S.A.No.64 of 2022
handover vacant possession of the property and that the appellant-tenant
would file an affidavit of undertaking to that effect on or before
28.03.2022.
7. The learned Dy. AG & OT submitted that the appellant-tenant
should file an affidavit of undertaking stating that he would vacate and
hand over possession of the property to the AG & OT on or before
30.04.2022 without driving the AG & OT to initiate any proceeding to
evicting him.
8. The submissions made by the learned counsel for the appellant
is recorded.
9. Having regard to the submissions made by the learned counsel
for the appellant, the appellant-tenant is granted time till 30.04.2022 for
vacating and handing over vacant possession of the property to the
learned AG & OT. The appellant-tenant is directed to file an affidavit
of undertaking on or before 28.03.2022 to that effect before the
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O.S.A.No.64 of 2022
Registry and the same shall form part of the record. In the event of the
appellant-tenant not vacating the premises on or before 30.04.2022, the
learned AG & OT is at liberty to evict the tenant from the premises with
the assistance of police.
With the above observations, the Original Side Appeal is
dismissed No costs. Consequently, the connected Miscellaneous
Petition is closed.
[M.D., J.] [T.V.T.S., J.]
25.03.2022
Index : Yes/No
Speaking Order/Non Speaking Order
Rj
To
The Administrator General of Tamil Nadu,
High Court Campus,
Chennai - 600 104.
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
https://www.mhc.tn.gov.in/judis
O.S.A.No.64 of 2022
Rj
O.S.A.No.64 of 2022
and C.M.P. No. 5027 of 2022
25.03.2022
https://www.mhc.tn.gov.in/judis
