A court may order de-sealing of premises conditioned upon payment of admitted rent arrears to resolve landlord-tenant disputes.

Order

The petitioner has filed this petition to direct the 4th and 5th respondents to de-seal the premises.

2. Case of the petitioner is that the petitioner’s brother one Prithiviraj was tenant of land comprised in S.F.NO.328/4, Door No.2, Thiru Vi Ka Salai, Whites Road, 2^nd Lane, Chennai 600 014, admeasuring 1947 sq.ft. The said land belongs to the 5^th respondent Temple. Thereafter the said Prithiviraj transferred his tenancy to the petitioner and he used the said property / godown to store tyres. The petitioner also approached the respondents for change of name in respect of tenancy. While so, the 5^th respondent Temple issued a notice dated 15.04.2004 in the name of petitioner’s deceased brother, calling upon to pay revised rent of Rs.7508/- per month, against which, the petitioner has initiated legal proceedings. In the interregnum, on 05.05.2009, the 3^rd respondent herein issued a show cause notice observing the petitioner as an encroacher. In the said show cause notice, the extent of property was wrongly stated as 2237 sq.ft, for which, the petitioner has also sent a reply on 18.11.2009. Thereafter also, the petitioner has received summons from the 3^rd respondent on the said show cause notice for enquiry. The petitioner appeared and attended the enquiry and he undertook to pay the reasonable rent as per the Government Order. However, the 3^rd respondent has rejected his explanation and declared him as an encroacher. At this juncture on 28.02.2023, the officials of respondents 4 and 5 visited the godown and without any prior notice, sealed the godown, for which, the petitioner has preferred an appeal before the 1^st respondent and it is pending. Aggrieved by the sealing of the premises, the petitioner has preferred this writ petition.

3. Learned counsel for the petitioner submitted that when the petitioner undertook and voluntarily paid differential amounts assessed towards the rent based on the Government Orders issued from time to time in order to establish her bonafide in her attempt for fixation of fair rent, sudden sealing of premises has caused serious prejudice to the livelihood of the petitioner and hence, prays for appropriate orders.

4. The petitioner also appeared before this Court. When this Court raised a query as to the arrear amount towards the rent, the petitioner herself admitted a sum of Rs.20 lakhs as arrears.

5. However, learned Special Government Pleader (HR &CE) submitted that the total arrear amount towards rent is around Rs.60 lakhs. In order to settle the issue amicably between the parties, he has no objection for the admitted amount of Rs.20,00,000/- being paid by the petitioner.

6. This Court heard the petitioner in person, the counsel appearing for the respondents and also perused the materials available on record.

7. Facts of the case is that for non payment of rental arrears, the respondents had initiated Section 78 proceedings against the petitioner and demanded a sum of Rs.60,00,000/- as arrears and sealed the premises by taking the possession. The petitioner has admitted arrears of Rs.20 lakhs and undertaken to pay amount to the tune of Rs.20,00,000/- in full quit. In order to give quietus to the issue, this Court directs the petitioner to pay the admitted amount of Rs.20,00,000/- in favour of the 5^th respondent Temple within a period of four weeks from the date of receipt of a copy of this order. In default, the petitioner shall pay interest @ 24% on the aforesaid amount of Rs.20 lakhs from the date on which the amount fell due. On receipt of the aforesaid amount within the time prescribed above, the 5^th respondent Temple is directed to de- seal the premises so as to enable the petitioner to remove his belongings. The respondents have already taken possession and therefore, they are directed not to initiate any