A tenant must prove actual damages to recover claimed amounts from the landlord; failure to substantiate losses results in dismissal of claims, except for the advance refundable amount.

JUDGMENT :

P. DHANABAL, J.

1. This Civil Suit has been filed for refund of advance amount of Rs.14 Lakhs with future interest at the rate of 24% per annum; to pay a sum of Rs.21,22,821.00 towards cost incurred on the installation of fittings and fixtures and costs incurred on the establishment of interior works carried out by the plaintiff in the demised premises; to pay a sum of Rs.54,82,043.50/- towards loss incurred by the plaintiff on the abrupt removal of the perishable goods from the demised premises; to pay a sum of Rs.15,11,151.00/- towards loss of Good Will and to pay a sum of Rs.12,81,626.00/- towards loss of interest on the cost of capital and borrowed funds and for costs.

2. The brief averments of the plaint are as follows:-

2.1. The plaintiff is a partnership firm constituted under Indian Partnership Act and doing business of Supermarket, while the plaintiff was searching for a suitable place for running a super market in and around Velachery, the 1^st defendant, who had constructed a new building in the radial road was willing to allow the same for commercial purpose. The building premises possessed a carpet area of 1,250 sq.ft., in the ground floor and 1500 sq.ft., in the first floor and with car parking and two wheeler parking area.

2.2. The 1^st defendant agreed to let out the schedule mentioned property to the plaintiff firm for a period of 15 years for the monthly rent of Rs.1,00,000/-, on annual enhancement and also demanded a sum of Rs.14 Lakhs towards rental advance/security deposit. The plaintiff also agreed for the said sum and lease deed dated 28.06.2015 was entered into between the plaintiff and the 1^st defendant. The plaintiff has paid a sum of Rs.14 Lakhs, as security deposit to the 1^st defendant in terms of the above said lease deed. The lease period commenced on 01.08.2015 and it is valid up to 31.07.2030. The plaintiff has paid rents regularly without any default and they invested huge money for internal partition and over fixtures. The plaintiff-firm was carrying on business in the schedule mentioned premises and deployed their customer base and reputation and Good Will in a span of five years.

2.3. While so, all of a sudden, the officials from the 3^rd defendant inspected the demised premises on 02.04.2019 and insisted the 1^st defendant to produce the copy of the original approved plan in respect of the schedule mentioned property and thereafter, the 3^rd defendant-officials issued notice dated 02.04.2019 under Sections 56 and 57 r/w Section 85 of Tamil Nadu Town and Country Planning Act, 1971. Based on the notice of the 3^rd defendant, the 1^st defendant submitted the approved plan to the 3^rd defendant. Thereafter, the 3^rd defendant issued show cause notice dated 24.05.2019, thereby calling upon the 1^st defendant to restore the said building in accordance with the approved plan within 30 days with a threat of lock and seal of the unauthorised building and to demolish the same without any further notice.

2.4. The 1^st defendant filed an appeal challenging the said show cause notice dated 24.05.2019 to the Secretary to Government and also filed the writ Petition in W.P.No.18727 of 2019 for Mandamus and this Court also directed the Secretary to Government to dispose of the said petition filed by the 1^st defendant and the same was dismissed. Thereafter, the 3^rd defendant officials issued notice dated 09.07.2019 to de-occupy the building, thereby the plaintiff and other partners of the plaintiff firm were kept in dark and were not aware of the above said proceedings initiated by the 3^rd defendant till the issuance of lock and seal notice dated 24.02.2021. Pursuant to the notice dated 24.02.2021, when the plaintiff demanded the explanation from the 1^st de