Appeal Suit No. 679 of 2014, M.P. No. 1 of 2014 and C.M.P. No. 16191 of 2016. Case: Tamil Nadu Industrial Investment Corporation Limited and Ors. Vs S. Periannan. High Court of Madras (India)

Case NumberAppeal Suit No. 679 of 2014, M.P. No. 1 of 2014 and C.M.P. No. 16191 of 2016
CounselFor Appellant: K. Magesh, Adv. and For Respondents: V. Thillaisamy, Adv.
JudgesN. Sathish Kumar, J.
IssueCivil Procedure Code
Judgement DateMarch 16, 2017
CourtHigh Court of Madras (India)


N. Sathish Kumar, J.

  1. This Appeal Suit is filed as against the judgment and decree passed in O.S. No. 13479 of 2010 by the learned IV Additional Judge, City Civil Court at Chennai dated 30.07.2013, directing the appellants herein to pay the arrears of rent from 1.11.1993 to 14.02.2003 at Rs. 7500/- per month deducting the rent already paid.

  2. The brief facts of the plaintiff's case is as follows:- The plaintiff leased out the industrial shed of an extent of 2060 sq. ft. belonging to him to one S.Vijayakumar, Proprietor Sri Vijayaraj Industries on a monthly rent of Rs. 7500/- under lease agreement dated 1.11.1993. The defendants advanced loans to the said Vijayakumar and upon his committing default in repayment of the loan, the defendants foreclosed the loan under notice dated 8.9.1992 and initiated action under Section 29 of the Tamil Nadu Industrial Investment Corporation Act. The said Vijayakumar filed W.P. No. 14406 of 1994 and it was dismissed by this Court. Writ Appeal 1075 of 1994 filed by the said S.Vijayakumar challenging the said order of dismissal of writ petition was also dismissed by judgment dated 21.07.1997. The plaintiff was not a party to those proceedings. In the meanwhile possession of the unit of the said S.Vijayakumar viz., Vijayaraj Industries was taken over by the defendants herein on 24.03.1994. Without giving information to the plaintiff who is the owner of the industrial shed the industrial shed was kept under lock and key and in a sealed condition by the defendants. Though the lessee of the plaintiff S.Vijayakumar, the defendants having taken over possession of the unit with all assets and liabilities has become duty bound to pay the monthly rents due for the shed to the plaintiff as owner thereof. Thus, the defendants are liable to pay Rs. 7500/- per month to the plaintiff from March 1994. Plaintiff demanded payment of monthly rent and minimum electricity charges from defendants under letters dated 24.10.1994, 10.11.1995, 21.02.1997 and by lawyer's notice dated 13.09.1996 and by personally meeting the various officers at all levels and when all his efforts failed, he was constrained to file W.P. No. 14490 of 1997 seeking direction to the defendants for the same relief and the said writ petition was dismissed. The appeal preferred by the plaintiff in W.A. No. 1285 of 1997 was allowed by Judgment dated 19.02.2002 declaring that the plaintiff is legally entitled to receive the arrears of rent and the...

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