Chennai: The Madras high court has slapped a punitive and compensatory cost of Rs 50,000 on a tenant who took his original landlord and subsequent purchaser of the property for a ride and for not obeying the lower court orders for nearly four decades.
Dismissing a petition, Justice S. Vimala said the defaulting tenant relied upon various decisions ranging from 1917 to 2014. The matter pertains to V.G. Naidu, who rented a property from C.S. Masilamani in 1968.
He had been ordered to pay Rs 837 towards arrears of rent by October 14, 1977 to Masilamani by Small causes court. When he refused, again Masilamani moved the court, which on January 25, 1978, directed him to vacate the premises. Again the landlord went to court to execute the order, which was confirmed in February 1990. Meanwhile, he sold the property to Pahlaraj Gangaram, who sought the help of the court again in 1990 to execute the eviction order.
In the present petition, Naidu represented by his legal heirs on his death, contended that the second purchaser of the property cannot file an execution petition for the second time.
Justice S. Vimala said the defaulting tenant was ordered to pay '837 towards arrears of rent before October 14, 1977. Having committed a default again and having suffered an order of eviction on January 25 1978, whether he can be allowed to prolong the case without vacating the premises (including the legal representatives also) till 2016, nearly for 40 years.
The judge said he had acquired expertise in dragging on the proceedings. The subsequent purchaser is legally entitled to continue the eviction proceedings as the default in payment of rent is continuing. Therefore, the order of eviction passed is perfectly legal and does not call for any interference, the judge said.
Imposing Rs 50,000 cost on the petitioner as exemplary costs to be paid to the property owner within 15, the judge directed him to vacate the premises within a fortnight.
