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. 1-2While 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. 2-3The lease period for the premises had expired and was not renewed.
Source reference: para. 4The 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. 5-6Issues
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, 72. 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. 8Law 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. 4The 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, 8Reasoning
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. 6-7Despite the respondent’s claim of physical possession, the court noted the property was already double-locked by the AG & OT.
Source reference: para. 3To 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. 7-8Holding
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. 7The 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. 8Original Court PDF
Official Trustee of Tamil NaduvsM/s.M.Chelapathi Rao
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in