B. VEDACHALAM. Vs. SRI. PANDURANGAN AND ORS.

JUDGEMENT

(1.) APPLICATION No. 348 of 1989 is for directing the Official Assignee to deliver the key of the premises at No. 30/2 Godown Street, Madras to the applicants to enable the applicants to resume their business therein. The applicants who were partners of a firm Sathianarayana and Co. and were carrying on business in the said premises, were adjudicated insolvents in their own petition. viz I.P. No. 9 of 1989 by order dated 3.2.1989. At that time, they were tenants of the said premises. Admittedly, the said tenancy was for a period of 10 years from 1.1.1981 to 31.12.1990. That is, even during the pendency of the said lease, they were adjudicated insolvents. On adjudication, the premises was sealed by the Official Assignee and he is having the key of the said premises.

(2.) NOW , the applicants have filed this application for getting back possession of the said premises for carrying on their business.

(3.) APPLICATION No. 224 of 1989 is by the landlord of the above said premises. He prays for delivery of possession of the said premises back to him. The report of the Official Assignee in this regard says that with a view to avoid accrual of unnecessary rental liability, the premises can be handed over to the landlord. It is admitted that the monthly rent is Rs. 500 and already there are arrears of rent payable by the insolvents to the landlord to the extent of Rs. 5000.