Application Nos.. 1163 to 1165 of 2021

Application Nos. 1163 to 1165 of 2021

in O.P. No.274 of 1899

M. DURAISWAMY, J.

Pursuant to the order dated 09.04.2021, the learned Administrator

General and Official Trustee has effected paper publication and also

filed the proof for the same.

2. Though the names of the respondents have been printed in the

cause list, none appeared for them.

3. The learned Administrator General and Official Trustee has

filed the above applications for the following reliefs:

(i) Application No.1163 of 2021- To direct the first respondent to

to pay the rental arrears upto 31.01.2021 aggregating a sum of

Rs.38,000/- wish applicable administrative charges as charged for

delayed payment applicable to all the tenants together with bank interest

at the rate of 6% per annum;

(ii)Application No.1164 of 2021 - To direct the respondents to pay

the damages for the premises occupied by them from 01.02.2021 to till

the date of delivery of vacant possession at the rate of Rs.20,000/- per

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Application Nos.. 1163 to 1165 of 2021

month; and

(iii) Application No.1165 of 2021 - In the event of the respondents

failed to handover the vacant possession within the time frame, the AG &

OT may be permitted to take over the vacant possession through police

force.

4. The learned Administrator General and Official Trustee has

filed the report, wherein it has been stated as follows:-

“ The Official Trustee of Tamil Nadu submits that

the property bearing Door No.173, Pycrofts Road,

Royapettah, Chennai 600 014 belongs to the Trust Estate of

MM Charities. It is an old tiled house. The Trust Estate of

Maligai Merchant Charities is being administered by the

office of the Official Trustee of Tamil Nadu as per the

scheme decree of the Hon’ble High Court in C.S.No.

274/1899 dated 01.03.1932.

2. The Official Trustee further submits that in the

said property there are various tenants and paying rent to the

Official Trustee. The subject property of 410 Sq. Ft. was

leased out to Mrs. R. Bharathi, first respondent on a monthly

rent Rs.2,000/- p.m.

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Application Nos.. 1163 to 1165 of 2021

3. The Official Trustee further submits that the said

tenant has not paid the rent from the month of July, 2019 to

December, 2020 for 18 months. When the Applicant’s

office staff tried to serve the demand notice to the first

respondent but the tenant was not available in the premises

and the door was locked. On enquiry that her son has been

staying and sub-letted the portion to some third party.

4. The Official Trustee further submits that the

applicant himself inspected the property on 11.01.2021 and

found that the residential portion was locked. On enquiry, it

reveals that the first respondent has sub-letted the portion to

one Thiru Sivakumar, the second respondent who is doing

water can business and collected huge rent. The first

respondent has violated the lease agreement and terms and

conditions. The first respondent was called for appearance

before the applicant. But she is evading to appear so far.

5. The Official Trustee further submits that in this

regard, the applicant sent a notice dated 18.01.2021 to the

first respondent directing to pay the arrears of rent from

July, 2019 to December, 2020 totally Rs.36,000/- with

applicable penalty, which will be calculated when the arrears

payment would be made, and since the first respondent had

violated the lease terms and conditions, her lease will be

terminated and possession will be taken after a week time.

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Application Nos.. 1163 to 1165 of 2021

The notice was returned with an endorsement “No such

person” on 19.01.2021.

6. The Official Trustee further submits that as the first

respondent not come forwarded for making payme