Madras High Court

Eviction ordered upon tenant's refusal to pay market rent following lease expiry.

Official Trustee of Tamil Nadu vs M/s.M.Chelapathi Rao

Madras High CourtJUDGMENT: July 03, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Administrator General and Official Trustee (AG & OT) of Tamil Nadu filed applications seeking a direction for the respondent/tenant to deliver vacant possession of a property located at No. 21, Harrington Road, Chetpet.

Source reference: p. 1-2

While the AG & OT claimed the property was already in their possession, it remained double-locked because the respondent’s movable goods were still inside.

Source reference: para. 2-3

The lease period for the premises had expired and was not renewed.

Source reference: para. 4

The AG & OT proposed a renewed monthly rent of Rs. 7,95,000/- based on market value, which the respondent refused as exorbitant.

Source reference: para. 5-6
02

Issues

1. Whether the court should order the eviction of the respondent and the delivery of vacant possession given the expiry of the lease and the parties' failure to agree on renewal terms.

Source reference: para. 4, 7

2. Whether the AG & OT is entitled to use police force and assistance from revenue officials to secure vacant possession if the respondent fails to remove movable belongings.

Source reference: para. 8
03

Law Applied

The court applied the general principles of landlord-tenant law regarding the expiration of leasehold interests and the right of the owner/trustee to recover vacant possession when renewal negotiations fail.

Source reference: para. 4

The court specifically exercised its discretionary power to oversee properties managed by the Official Trustee to ensure the protection of the trust's interests, including the right to claim market-value rent and the authority to direct law enforcement (Police) and Revenue Officials to assist in the execution of court orders for eviction and removal of goods.

Source reference: para. 5, 7, 8
04

Reasoning

The court found that because the lease period had expired and the respondent expressly refused to pay the updated market rental value of Rs. 7,95,000/-, there was no legal basis for the respondent to continue occupying the premises.

Source reference: para. 6-7

Despite the respondent’s claim of physical possession, the court noted the property was already double-locked by the AG & OT.

Source reference: para. 3

To resolve the "complex situation," the court determined that eviction was the only viable legal remedy and reasoned that a structured timeline (four weeks) was necessary for the tenant to remove belongings, failing which the Official Trustee must have the legal authority to clear the premises using state machinery to prevent the property from remaining in a state of limbo.

Source reference: para. 7-8
05

Holding

The court allowed A.No. 2501 of 2025 and disposed of A.No. 2503 of 2025.

The respondent was directed to vacate and deliver vacant possession by removing all movable belongings within four weeks.

Source reference: para. 7

The court held that if the respondent fails to cooperate, the AG & OT is empowered to remove the goods in the presence of Revenue Officials and, if necessary, with Police assistance, and any unclaimed goods may be dealt with by the AG & OT in accordance with the law.

Source reference: para. 8
Madras High Court

Original Court PDF

Official Trustee of Tamil NaduvsM/s.M.Chelapathi Rao

Madras High Court · July 03, 2026

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