Case Note & Summary
The case involves an Original Application (O.A.No.1 of 2020) filed by G.K.Srinivasan, a tenant, seeking an interim injunction to restrain the Administrator General and Official Trustee of Tamil Nadu (the landlord) from evicting him from the suit property. The property is located at D.No.67 and 69, Yahoops Street, Gobichettipalayam, Erode District. The tenant claimed he was in occupation as a tenant paying rent fixed by the Official Receiver. The lease expired in October 2025, and the landlord issued a notice to vacate. When the tenant did not comply, the landlord filed applications for eviction (A.No.865 of 2022), mesne profits (A.No.868 of 2022), and police assistance (A.No.867 of 2022). The tenant argued that he had been paying rent and should not be evicted. The court held that after the expiry of the lease, the tenant had no right to remain in possession and could not seek an injunction against lawful eviction. The court dismissed the tenant's application for injunction. On the landlord's applications, the court directed the tenant to vacate and hand over possession within a specified time, allowed mesne profits at the rate fixed by the Official Receiver, and granted police assistance to enforce possession if necessary.
Headnote
A) Property Law - Lease - Termination - Interim Injunction - Lease expired in October 2025 - Tenant sought injunction against eviction - Court held that after expiry of lease, tenant has no right to remain in possession and cannot seek injunction against lawful eviction (Paras 2-4). B) Property Law - Mesne Profits - Damages for Use and Occupation - Landlord sought damages at Rs.50,000 per month per occupant from date of eviction order till possession - Court allowed mesne profits at the rate fixed by the Official Receiver (Paras 5-6). C) Civil Procedure - Execution - Police Assistance - Landlord sought police force to take possession if tenant fails to vacate - Court granted police assistance to ensure compliance (Para 7).
Issue of Consideration
Whether a tenant whose lease has expired is entitled to an interim injunction restraining eviction, and whether the landlord is entitled to mesne profits and police assistance for possession.
Final Decision
O.A.No.1 of 2020 dismissed; A.No.865 of 2022 allowed directing tenant to vacate; A.No.868 of 2022 allowed for mesne profits at rate fixed by Official Receiver; A.No.867 of 2022 allowed for police assistance if tenant fails to vacate
Law Points
- Lease termination
- tenant's right after expiry
- interim injunction
- eviction
- possession
- mesne profits
- police assistance
