LAWS(MAD)-2016-7-241

S K DARBAR Vs. ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT; EXECUTIVE OFFICER

Decided On July 18, 2016
S K Darbar Appellant
V/S
Assistant Commissioner Hindu Religious And Charitable Endowment Department; Executive Officer Respondents

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal.

(2.) The petitioner claims to be a tenant under the second respondent Temple through a rental agreement dated 11.11.1981 and initially, rent was fixed at Rs.500/- per month and the petitioner claims to be in possession of total extent of 1960 sq.ft. The petitioner would further contend that the building was in a dilapidated condition and initially, approached the concerned authority for purchase of the building and since it was refused, he has demolished the superstructure and constructed a new building in the year 1998 and also executed a gift deed in favour of the second respondent and registered the same, vide document no.122 of 1998 dated 04.02.1998 on the file of the Sub-Registrar, Sowcarpet, Chennai.

(3.) The petitioner claims to have paid rent without any default through demand draft and all of a sudden to his shock and surprise, he was called upon to pay a sum of Rs.1,66,295/- towards rental arrears upto June, 2016 vide communication, dated 20.06.2016. The petitioner in this regard, has also submitted a representation dated 25.06.2016, to the second respondent stating that he is regularly paying the rent and also requested them to furnish the statement of the same and if the petitioner is in arrears, he is also prepared to pay the same and since no response is forthcoming, came forward to file this writ petition.