In the case of K. Balasubramani vs. The Tamil Nadu Government (Special Leave Petition(C)Nos.8251-8252/2022), the petitioners are tenants in various shops owned by the respondents, who are landlords. The respondents oversee the affairs of a Hindu temple under the Hindu Religious and Charitable Endowments Act of 1959.
Section 78 of the Act declares the tenants to be encroachers after the lease period has expired. The High Court affirmed the impugned action and directed the tenants to give the landlord peaceful, vacant possession of the premises, which each tenant has individually occupied, in accordance with the impugned judgement and order dated, which was passed in a batch of writ petitions filed by the tenants.
As a result, the counsels for both parties reached an amicable resolution to the issue at hand on mutually acceptable terms and on the basis of the instructions given to the learned counsel for each party.
The following are the agreed terms:
- The authorities’ ejectment order, issued in accordance with the Act’s provisions, is upheld.
- With respect to 19 tenants, the landlord may initiate legal proceedings for possession immediately. Despite the opportunities provided thus far, they have yet to pay rent/occupation charges.
- Regarding the remaining 51 tenants: The eviction decree for each of these 51 tenants is upheld. They may, however, continue to use the area for an additional six months, as both parties have mutually agreed. The occupants of the demised premises have agreed, via their respective lawyers, to give the landlord peaceful and vacant possession of the properties by July 31, 2024. It is the revised rent from 2015 that these tenants are responsible for paying, not the rent from 2018. As such, they will continue to pay the rent at the rates changed in 2015 for as long as they are able to remain in the premises, in addition to paying off any outstanding arrears of rent, damages, or mesne profit, if any, within four months of today.
The court ruled that it is clear among the parties that the landlords intend to develop the property and provide better facilities to pilgrims. However, if the landlord ever develops by constructing shops, these 51 tenants will be given preferential treatment, subject to their participation in the allotment process and matching the highest bidder’s price.
With great endeavour both the parties reached an agreement to resolve this issue, bringing the protracted litigation to an end. Thus, the court disposed the petition.
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Written by – Surya Venkata Sujith
