Case Note & Summary
The matter arises from an intra-court appeal filed by the appellant, Dr. K. Rajeshkumar, against the order of a single judge dated 18.10.2024 in W.P. No. 12416 of 2024. The dispute concerns a commercial shop site allotted to the appellant by the Madras Secretariat Cooperative Building Society Limited (the Society). The Society had been assigned the land by the Revenue Department, Government of Tamil Nadu, in G.O.Ms.No.2874 dated 20.07.1956 for providing house sites to its members. Out of the total extent, the Society, by resolution dated 12.01.2010, allotted Shop No.19, admeasuring 900 sq.ft., in Secretariat Colony, Kellys, Chennai, to the appellant. A rental agreement was entered into on 01.10.2010 for a monthly rent of Rs.1,000/-, for a period of 11 months. The property was vacant land, and one of the conditions of the agreement was that the lessee shall not sublease any portion without prior written permission of the Society. The appellant subsequently constructed shops on the land and leased them out to third parties, claiming that a resolution of the Society had granted permission to construct shops. However, the rental agreement was not extended beyond the initial 11 months and expired in 2011. Despite this, the appellant and the sub-lessees continued in occupation without any lease agreement, and the appellant collected rents from the sub-lessees. The Society initiated action for eviction, which the appellant challenged before the Deputy Registrar of Cooperative Societies (Housing), who conducted an enquiry and passed an order. The appellant then approached the High Court by way of a writ petition, which was dismissed by the single judge on 18.10.2024. Aggrieved, the appellant filed the present writ appeal. The text of the judgment provided is incomplete, breaking off after the narration of initial facts. No final decision, ratio, or operative directions are available. The main legal questions likely revolved around the validity of subletting without permission and the right to remain in possession after expiry of the lease. The appeal was argued before a division bench comprising Justices S.M. Subramaniam and K. Rajasekar, and the judgment was delivered on 10.02.2025, but the outcome remains unknown from the excerpt.
Headnote
A) Cooperative Societies - Allotment of Land - Subletting Without Permission - Tamil Nadu Cooperative Societies Act - Society allotted commercial shop site to member under 11-month rental agreement; condition prohibited subletting without prior written consent - Appellant constructed shops and sublet to third parties; lease expired in 2011 and was not renewed; Society initiated eviction action - Appellant challenged orders of Deputy Registrar and Registrar before High Court (Paras 2-5). B) Property Law - Lease and License - Expiry and Unauthorised Occupation - Transfer of Property Act - After expiry of lease, lessee became unauthorised occupant; continued possession without valid agreement is illegal - Appellant collected rents from sub-lessees despite having no subsisting lease - Principle that no right accrues from unauthorised possession cited (Paras 4-5). C) Writ Jurisdiction - Challenge to Cooperative Authorities - Tamil Nadu Cooperative Societies Act, 1983 - Appellant filed writ petition challenging orders of Deputy Registrar and Registrar of Cooperative Societies - Single Judge dismissed writ petition on 18.10.2024 - Intra-court appeal filed under Clause 15 of Letters Patent (Para 1). D) Procedural Law - Intra-Court Appeal - Madras High Court Letters Patent - Appeal filed against order of single judge in writ petition - Division bench hears appeal; judgment reserved/pronounced - Exact outcome not ascertainable from available text (Paras 1, 2).
Issue of Consideration
Whether the appellant, after expiry of the lease agreement and despite the condition prohibiting subletting, is entitled to continue in possession of the commercial shop site; Whether the orders passed by the Deputy Registrar of Cooperative Societies and the Registrar are valid and sustainable
Law Points
- Subletting without prior written consent of the Society is prohibited under the lease agreement
- Unauthorised occupation after expiry of rental agreement is illegal
- Cooperative Society has power to initiate action for eviction after lease expiry
- Resolution of Society granting permission to construct shops does not override express condition against subletting
- Delay in taking action does not confer legal right to continue possession
- Orders of Registrar/Deputy Registrar under cooperative law are binding unless set aside
