IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
J. Sekar - Petitioner
Versus
Inspector of Police G-1 Police Station Vepery Chennai-600 007 & Anr. - Respondents
W.P. No. 6969 of 2018 & W.M.P. No. 8620 of 2018
Decided On : 31-08-2018
Property Dispute - Tamil Nadu Prohibition and Harassment of Women Act, 1988 - [Saraswathi v. 2nd respondent] - [Tamil Nadu Prohibition and Harassment of Women Act, 1988, Section 3] - The court discussed the property dispute between the writ petitioner and the 2nd respondent, emphasizing the ownership of the property, the conduct of the parties, and the duty of the tenant. The court also highlighted the provisions of the Tamil Nadu Prohibition and Harassment of Women Act, 1988, and its applicability to the case.
Fact of the Case:
The writ petitioner sought relief from the court to prevent interference with the petitioner's premises, which was the subject of a civil dispute. The petitioner claimed to be a tenant and in absolute possession of the property since 1998. The 2nd respondent, the owner of the property, sought eviction of the petitioner due to alleged misconduct and non-payment of rent.
Finding of the Court:
The court found that the petitioner's conduct, including attempts to demolish the property and use of abusive language, was inappropriate. The court also noted the pending civil suits and the arrears of rent owed by the petitioner. The court emphasized the duty of the tenant to vacate the premises and the owner's right to evict the tenant.
Issues: The issues involved the ownership and possession of the property, the conduct of the parties, the applicability of the Tamil Nadu Prohibition and Harassment of Women Act, 1988, and the duty of the tenant.
Ratio Decidendi: The court held that the petitioner's actions were inappropriate, emphasized the duty of the tenant to vacate the premises, and highlighted the owner's right to evict the tenant. The court also emphasized the applicability of the Tamil Nadu Prohibition and Harassment of Women Act, 1988, to the case.
Final Decision: The court directed the 1st respondent to evict the writ petitioner from the premises and hand over the same to the 2nd respondent within 48 hours. The writ petition was disposed of with no order as to costs.
The relief sought for in this writ petition is for a direction to direct the 1st respondent, not to interfere with the petitioner premises as matter pertains to Civil disputes.
2. The learned counsel for the writ petitioner states that the property situated at No.6/8, Dharmaraja Koil Street, Choolai, Chennai 600 112 comprised in Survey No.1597 R.S. No. 1025 in C.C. No. 4478, Purasawakkam Village, admeasuring 1436 square feet registered within registration District of Central Chennai and Purasawakkam S.R.O belongs to Sri. Saraswathi and the same acquired by her by way of a settlement deed executed by her mother.
3. It is stated by the writ petitioner that he was inducted as a tenant by 2nd respondent's father during the year 1998 to run a cycle shop at their premises for an extent of 240 square feet and the father of the 2nd respondent has received a sum of Rs.2,50,000/-(Rupees Two Lakhs and Fifty Thousand Only) from the petitioner, for which, he executed a sale deed for acknowledgement of the above amount in favour of writ petitioner. It is admitted by the writ petitioner that the said sale deed said to have been executed by the father of the 2nd respondent, was not registered. It is further stated that the partition between the brothers were not materialized, and that is the reason why, the father of the 2nd respondent was unable to register the sale deed. The petitioner claims that he is in absolute possession from the year 1998 onwards and the father of the 2nd respondent expired. At that point of time, the 2nd respondent was a minor. However, the petitioner continued to enjoy the possession without any hindrance in respect of the property. The mother of the 2nd respondent also has assured that she will not cause any disturbance in respect of the possession till her son and daughter attain the age of majority and further, she assured that she will execute a sale deed after the children attaining the age of majority. The 2nd respondent attained the age of majority in February-2018 and the petitioner has sought for the execution of sale deed for an extent of 240 square feet. However, the 2nd respondent and his sister has sought time to execute a sale deed by assigning various other reasons.
4. The petitioner claims that he is running a Cycle Shop Business from the year 1998 onwards and the building roof was covered with Mangalore tiles and the same were broken. In order to remove the broken tiles, the writ petitioner has taken steps to repair the same. The writ petitioner made a request to the 2nd respondent that he has to protect the property and the damage caused will affect the very structure of the building. When the 2nd respondent has forced the writ petitioner to vacate the premises on 10.02.2018, the petitioner has refused to do so and thereafter, the second respondent issued a legal notice to the petitioner to vacate and hand over the possession of the said property. However, the writ petitioner filed a Civil Suit in O.S.No.1390 of 2018 before the IIIrd City Civil Court, Chennai. The 2nd respondent also filed a petition for eviction before the XVth Small Causes Court at Chennai. Under these circumstances, the writ petitioner has filed the present writ petition with a prayer to direct the 1st respondent, not to interfere with the petitioner premises as matter pertains to civil dispute.
5. The learned counsel appearing on behalf of the 2nd respondent made a submission that the 2nd respondent and his sister are the lawful owners of the property in question. The mother of the 2nd respondent is also residing with them and the sister of the 2nd respondent also has not married. The mother, the 2nd respondent and the sister are residing in the premises. The 2nd respondent has just completed 18 years of age and the 2nd respondent is working as a load man (Daily Coolie). The sister of the 2nd respondent has completed graduation and the mother of the 2nd respondent is also residing with them.
6. The learned counsel for the 2nd
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