Unlawful occupation post-termination of lease grants landlords the right to claim rental arrears, damages, and interests, reinforcing the validity of lease agreements under pertinent tenant laws.

JUDGMENT :

N.SENTHILKUMAR, J.

The present suit has been filed for the following reliefs:-

a) directing the defendant to handover vacant possession of the Schedule Mentioned Property to the Plaintiff;

b) Directing the defendant to pay the plaintiff, a sum of Rs.1,54,04,334/- towards rental arrears of Rs.1,31,63,334/- from 01.07.2021 till 28.06.2023 along with interest of Rs.22,41,000/- at 18% per annum from the due date till 28.06.2023;

c) directing the defendant to pay the plaintiff a sum of Rs.1,17,88,084/- towards damages of Rs.1,04,13,334/- for unlawful use and occupation from 01.12.2021 to 28.06.2023 along with interest of Rs.13,74,750/- at 18% per annum from the due date till 28.06.2023;

d) directing the defendant to pay the plaintiff a sum of Rs.49,07,595/- towards GST of Rs.42,43,800/- from 01.07.2021 to 28.06.2023 along with interest of Rs.6,63,795/- at 18% per annum from the due date till 28.06.2023;

e) directing the defendant to pay the plaintiff future mesne profits towards damages for illegal use and occupation of the schedule mentioned property from 29.06.2023 till the date of handing over of possession at the monthly rent of Rs.11,00,000/- per monthly;

f)directing the defendant to pay future interest at the rate of 18% on the rental arrears of Rs.1,31,63,334/- being the principal sum from 29.06.2023 till the date of actual realisation;

g)directing the defendant to pay future interest at 18% per annum on the damages for unlawful use and occupation amount to Rs.1,04,13,334/- being the principal sum from 29.06.2023 till the date of actual realisation;

h) directing the defendant to pay future interest at 18% per annum on the GST of Rs.42,43,800/- being the principal sum from 29.06.2023 till the date of actual realisation;

i)grant the costs of the suit.

2. The averments made in the plaint are as follows:-

(a) The plaintiff is the absolute owner of the property situated in Old.Nos.40/1, 40/A, 40/B, New Door No.176, Eldams Road, Teynampet, Chennai-600 018 admeasuring 3361 sq.ft., comprised in R.S.No.1548/7, block No.30, Mylapore, Chennai, more fully described in the schedule of property.

(b) In the year 2019, the defendant approached the plaintiff to take on lease the schedule mentioned premises for a period of 5 years for commercial purposes. The defendant assured the plaintiff that she would be prompt in payment of monthly rents. The plaintiff agreed and the schedule mentioned properties was leased to the defendant for a period of 5 years vide Lease Deed dated 07.03.2019 for carrying on her commercial activities. The monthly rent was fixed at Rs.5,50,000/- with effect from 07.03.2019 with a provision for enhancement by 12% after 3 years. GST was payable by the defendant which was in addition to the monthly rents.

(c) Post the execution of the Rental Agreement on 07.03.2019, the rented premises (Schedule mentioned property) was handed over to the defendant. The tenancy commenced from 07.03.2019 and the defendant promised to pay the rent in full on the 5^th day of every succeeding English calendar month. The defendant paid monthly rents from 01.05.2019 till 30.06.2021. Since 01.07.2021, the defendant has been a wilful and chronic defaulter in payment of monthly rents. The plaintiff states that as per Clause 19 of the rental agreement, if the tenant fails to pay rent for three consecutive months, the landlord may terminate the tenancy without giving any notice.

(d) In terms of Clause 19 of the Rental Agreement, the plaintiff issued a notice dated 23.11.2021 terminating the tenancy of the defendant with immediate effect. The defendant was called upon to hand over keys of the schedule mentioned premises to the plaintiff's representative Mr.Shakee