IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Ordinary Original Civil Jurisdiction)
O.A.N0. 201 OF 2024
IN
C.S. No. 60 OF 2024
- Ajay Kumar Lunawath
S/ o. Meghraj Lunawath - Heena Lunawath
W/o. Ajay Lunawath
Both presently residing at
No.64, 2nd Floor,
Poes Garden,
Chennai-600 086
. . -Applicants / Plaintiffs
-Versus- - Nalina Ramalakshmi
D/ o. P.R.Ramasubrahmaneya Rajha,
Residing at:
‘Ramamandiram’,
Raj apalayam
Tamil Nadu- 626 117 - Subramanian
Father’s name not known
Working at Ramco Cements Limited 27, Radhakrishnan Salai,
Jagadamba Colony, Royapettah,
Chennai 600 004 - Sreyas
Father’s name not known Having address at:
No.76/63, Poes Garden
Chennai-600 086 - K. Dhanush
S/ o. Kasthoori Raja Having address at:
16/5, Rajamannar Salai
T.Nagar, Chennai 600 017
. . . Respondents/ Defendants
AFFIDAVIT
I, Ajay Kumar Lunawath, S/ o. Mr.Meghraj, Lunawath, aged 48 years, residing at No.64, 2nd Floor, Poes Garden, Chennai-600 086, do hereby solemnly affirm and sincerely state as follows: - I am the 1 st Applicant/ Plaintiff and I am fully acquainted with the facts of the case and I am competent to swear to this Affidavit and I am also filing this Affidavit on behalf of the 2nd Applicant herein.
- I humbly submit that I have filed the present suit praying for the following reliefs:
“(i). Perrnanent Injunction restraining the Defendants, their men, agents, servants anyone claiming under them or acting on their behalf, from in any manner interfering with the Plaintiffs’ peaceful possession enjoyment of the Plaint Schedule mentioned property in any manner whatsoever, other than by following due process of law;
(ii). Directing the Defendant to pay the costs of the suit; and
(iii). Pass such other suitable relief or reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice. “ - I humbly submit that we were looking for an apartment for rental purposes and the 2 nd Respondent working in Ramco Cements Limited, who is an intermediary, introduced us to the 1 st Respondent/ Defendant and thereafter, based on mutual discussions, the 1 st Respondent herein had agreed to let out on monthly rent and we had agreed to take on monthly rent, the apartment at Door No.64, 2nd Floor, Poes Garden, Chennai-600 086, morefully described in the Schedule to the Judges Summons and hereinafter referred to as ‘Schedule mentioned Property’.
- •Thereafter, we had entered into a Rent Agreement dated 01.01.2022 at Chennai for a period of 11 months and paid security deposit of
Rs. (Rupees Ten Lakhs Only) vide two cheques dated
22, 11.2021, bearing Nos.000104 and 323107 for and
respectively. It is also pertinent to submit that the rent under the Agreement dated 01.01.2022 is Rs. 1,70,000/(Rupees One Lakh Seventy Thousand Only) which is inclusive of the maintenance charges and the said rent agreement dated 01.01.2022 expired on 30.11.2022. - the Rent Agreement was renewed and
extended between us and the 1 st Respondent/ Defendant for a further period of 11 months i.e., from 01.12.2022 to 31.10.2023. The rent for the period of 01.12.2022 to 31.10.2023, the monthly
rent has been enhanced to Rs. 1,85,000/-. I humbly submit that the renewed Rent Agreement for the period of 01.12.2022 to 31.10.2023
was executed by us and the 1 st Defendant at Chennai. - I humbly submit that after 31.10.2023, the Rental Agreement was orally extended for a further period of 1 1 months, i.e., till 30.09.2024. We have been regularly paying the monthly rent of Rs. 1,85,000/- to the 1 st Respondent/ Defendant to the following Bank Account:-
Name R. Nalina Ramalakshmi
Bank ICICI, Bank
Branch Tenkasi Road, Rajapalayam
Account No. 611501502488
IFSC ICIC0006115
The payment of rent for the month of January 2024 was made by us to the 1 st Respondent/ Defendant on 07.02.2024. I humbly submit We have been paying the monthly rent regularly to the 1 st
Respondent/ Defendant, without any default till date. - we are in possession and enjoyment of the Schedule mentioned property, in our capacity as tenant under the 1 st Respondent/ Defendant. The Rent Agreement has also been renewed and extended, though orally, between us and the 1 st Respondent/ Defendant and the same is subsisting till date.
- While things stood thus, sometime in August 2023, the 3rd
Respondent herein had contacted me from the mobile number +91 97910 88888 and represented that the he is working under 4th Respondent and that the 4th Respondent purchased the Schedule mentioned property and had called upon us to vacate and hand over possession immediately. I had informed the 3rd Respondent that the 1 st Respondent/ Defendant had inducted us as tenants to the Schedule mentioned property and that the 1 st Respondent had not informed us about any such sale of the Schedule mentioned Property. - I humbly submit that I had requested the 2nd and 3rd Respondent to furnish the details and particulars. It is also pertinent to note that the we are remitting the rent towards the Schedule Mentioned
Property to the 1 st Respondent/ Defendant till January 2024 and the 1 st Respondent/ Defendant has received the said amount without raising any demurrer. - the 3 rd Defendant did not furnish any such
documents, till date. I had also explained to the 3rd Respodent that neither the 1 st Respondent nor the 2nd Respondent, have informed us about any sale to anyone. Further, we have stated that they are not averse to vacating the premises and handing over possession to the 1 st Respondent/ Defendant, subject to valid termination of the Rent Agreement as per the terms mentioned therein. However, we have not been duly served with any notice or communication with regard to the Rent Agreement. - I humbly submit that we are tenants under the 1 st Respondent/ Defendant, duly paying rents till date and are ready and willing to comply with the terms of the Rent Agreement, including vacating and handing over the possession of the Schedule Property to the 1 st Respondent/ Defendant, subject to the process of such termination of the Agreement and handing over of possession is in accordance with law.
- It is also pertinent to note that as per Clause 4 of the Rent Agreement, the minimum period of 2 months’ notice is necessary to terminate the Rent Agreement and we are ready and willing to abide by the same.
- While things stood thus, during the end of January 2024, I received a call from the 3rd Respondent, calling upon us to immediately vacate
and hand over possession of the Schedule mentioned property. I reiterate that we are tenants under the 1 st Respondent/ Defendant and that we are duly paying rents to the 1 st Respondent/ Defendant even as on date and that the 3rd Respondent has got no right or locus to ask us to vacate the Schedule mentioned Property.
- I humbly submit that till date, we have not received any communication from the 1 st Respondent/ Defendant or from the 4th Respondent under whom the 3rd Respondent is said to be representing, of any alleged purchase of the Schedule mentioned Property. I humbly submit that there has been no attornment of tenancy till date. Since the 3rd Respondent started threatening us, I had taken steps to approach the Respondents 1 and 2 to seek clarity on this issue. However, there was no response from Respondents 1 and 2.
- While things stood thus, on 05.02.2024 at about 09:30 PM to the shock and surprise of us, two or three unknown persons trespassed into the building (Ground Floor) where the Schedule mentioned property situated had disconnected the electricity connection of us by removing the fuse unit from electricity box.
- I humbly submit that I immediately contacted the 3rd Respondent through phone, and the 3rd Respondent had admitted that the unknown persons have disconnected the electricity connection
under his instructions and further threatened us to dire consequences if we did not vacate the Schedule mentioned Property by 07.02.2024. - I humbly submit that I advised the 3rd Respondent not to take law into his own hands or legal action would follow. Thereafter, I tried to contact the 1 st Respondent/ Defendant to apprise the event which occurred on 05.02.2024, but unfortunately the efforts went in vain. We also informed the 3rd Respondent that the rent arrangement with the 1 st Respondent/ Defendant was agreed for a period of two years since we were building our house at Prithvi Avenue and that we are willing to vacate by end of May 2024. It is pertinent to submit that the I have also sent an email dated 07.02.2024 to the 2 nd Defendant stating that we would vacate the tenant premises on or before 15th May 2024, even at that time the 2nd Respondent has not informed the us about any alleged sale to the 4th Respondent.
- I humbly submit that to the further shock and surprise of us on
08.02.2024, some persons and the security guard claiming to be working under the 4th Respondent entered the building where the Schedule mentioned Property is situate and dismantled the water pump. I humbly submit that the water connection to our apartment has been cut off from 08.02.2024 and the same position continues
till date. - I humbly submit that the electricity connection was also disconnected. However, I took immediate steps to restore the electricity connection by restoring fuse unit. Thereafter, the 3rd Respondent threatened us that he would cut off the main electricity wire itself and also threatened us to dire consequences if we did not vacate the Schedule mentioned Property.
- I humbly submit that we are residing in the Schedule mentioned property with our family members and have been in peaceful possession of the Schedule mentioned Property from the date of the Rent Agreement by duly paying the rent without any delay or default to the 1 st Respondent/ Defendant.
- I humbly submit that the act on the part of the 3rd Respondent and his unnamed aides in interfering with our peaceful possession and enjoyment of the Schedule mentioned Property, is nothing but taking law into their own hands and a display of highhandedness and the 3rd Respondent has been threatening us to dire consequences.
- I humbly submit that left with no other immediate action to safeguard our family members from the 3rd Respondent and his men,
I had lodged a Complaint before the Inspector of Police E3 Police
Station, Anna Salai on 09*02.2024 to initiate Criminal action against
the 3rd Respondent and the unknown persons for threatening us, illegal trespass and damage caused to our property. I humbly submit that the Criminal proceedings are pending. - I humbly submit that I sent an email to the 2nd Respondent dated
16.02.2024 and called upon the 2 nd Respondent to clarify the above facts but there has been no response till date. I humbly submit that when the police called the Respondents 2 and 3 for enquiry, the 3rd Respondent did not appear and has not appeared till date. - I submit that the 2 nd Respondent appeared and informed the police officials that the property has been sold by the 1 st
Respondent/ Defendant to the 4th Respondent and that the Security Deposit also has been transferred to the 4th Respondent. I was shocked to learn that the sequrity deposit has been allegedly transferred to the 4 th Respondent without any notice to us. I humbly submit that irrespective of transferring the said security deposit of
to the 4th Respondent by the Respondent/ Defendant, the 1 st Respondent/ Defendant was receiving the rent paid by us till January 2024 without raising any demurrer. - I humbly submit that after the above-mentioned enquiry for the reasons best known to the 3 rd Respondent, the dismantled water motor pump was restored. Thereafter, again on 23.02.2024, some
persons claiming under the 3 rd Respondent disconnected the electricity to our apartment. We are being put to untold hardship and mental agony at the instance of the actions of the 3 rd Respondent and his men. These actions are high-handed and aimed at causing inconvenience and embarrassment to us. - I humbly submit humbly submit that the present application is well within limitation. The cause of action has arisen within the territorial jurisdiction of this Hon ‘ble Court, at Poes Garden, Chennai, where the schedule mentioned property is situated and where the 3rd Respondent and his men are interfering with our possession and enjoyment of the Schedule mentioned property.
- In view of the above, it will be in the interest of justice to pass an order of interim injunction restraining the Respondents/ Defendants, their men, agents, servants, anyone claiming under them or acting on their behalf, from in any manner interfering with the Applicants/ Plaintiffs peaceful possession and enjoyment of the Schedule mentioned property, morefully described in the Judges Summons, in any manner whatsoever, other than by following due process of law, pending disposal of the present suit. By allowing this application, absolutely no prejudice will be caused to the Respondents. On the other hand, we will be put to irreparable injury, loss, damage and hardship and restoration of status quo ante will
not be possible. We have got a strong prima facie case. We have a good case on merits and the balance of convenience is in our favour. - It is therefore prayed that this Hon ‘ble Court may be pleased to pass an order of interim injunction restraining the Respondents/ Defendants, their men, agents, servants, anyone claiming under them or acting on their behalf, from in any manner interfering with the Applicants/ Plaintiffs peaceful possession and enjoyment of the Schedule mentioned property, morefully described in the Schedule to the Judges Summons, in any manner whatsoever, other than by following due process of law, pending disposal of the present suit and pass such other suitable order or orders as this Hon ‘ble Court may deem fit and proper and thus render justice.
Solemnly affirmed at Chennai
On this the 5th day of March 2024 And signed his name In my presence. BEFORE ME
ADVOCATE:: CHENNAI
IN THE HIGH COURT OF JUDICATURE
AT MADRAS
(Ordinary Original Civil Jurisdiction)
O.A. No. 201 of 2024
IN
C.S. No. 60 of 2024
Ajay Kumar Lunawath S/ o. Meghraj Lunawath Residing at:
No.64, 2nd Floor,
Poes Garden,
Chennai- 600 086
& Another
. . . Applicants / Plaintiffs
-Versus-
Nalini Ramalakshmi
D/o. P.R. Ramasubramaneya Rajha
& 3 Others
. . . Respondents / Defendants
AFFIDAVIT