Explore the judicial directions provided by the court in a recent property dispute case, emphasizing legal analysis and resolution strategies. Discover the impact of the court’s decisions on the involved parties and the overall legal framework governing such disputes.
Facts
- The tenants were inducted as tenants/licencees in shops owned by the respondent-landlords.
- The tenants are declared as encroachers under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959.
- The respondent-landlords are managing the affairs of Arulmighu Dhandayuthpani Swamy Temple, Palani, under the Act.
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Decision
- Certain offers were exchanged between the parties through their respective learned counsel in an attempt to resolve the dispute amicably.
- The High Court affirmed the action and directed the tenants to hand over vacant possession to the landlord for property development.
- Tenants must clear all statutory dues and pay agreed rent/charges for the period affected by COVID-19 at a reduced rate.
- Tenants must continue using the premises in compliance with municipal by-laws.
- Rent/charges should be paid at rates revised in 2015, not 2018, and a 280-day period of reduced charges begins from 20.03.2020.
- The order of ejectment passed by authorities stands affirmed.
- Landlord may initiate possession proceedings for 19 specific tenants and give preferential treatment if they participate in the process of allotment.
- Consequences for tenants violating terms include possession proceedings and contempt actions by the landlord.
- Tenants should not damage the property, create encumbrances, or carry out unauthorized construction.
- Outstanding arrears must be cleared within four months, and rent at revised rates must continue to be paid.
- Remaining 51 tenants are allowed to occupy premises for a further six months as agreed.
- Landlord is prohibited from hindering the peaceful occupation of these tenants.
- All pending litigations between parties in relation to the premises are closed.
- Tenants must file an undertaking agreeing to the terms within three weeks.
- Tenants must hand over peaceful possession of the demised premises to the landlord by 31 July, 2024, and pay rent at the 2015 revised rates.
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Case Title: K. BALASUBRAMANI Vs. THE TAMILNADU GOVERNMENT (2024 INSC 140)
Case Number: SLP(C) No.-011225-011256 / 2021
