Thirumaran Reply Notice

1
BY SPAD
Ref.No. 022/MSR/RN
23.05.2023
To:
Mr. T.Subramanyam, LL.M.,
Advocate,
At, Old D.No. 20-2-472/6/B
New D.No.20-50-S20-1407
Maruthi Nagar,
Korlagunta,
Tirupati – 517 501
Tirupati Urban Mandal
Sir,
SUB: REPLY TO YOUR NOTICE DATED: 13.05.2024 ON BEHALF
OF
MR. K.V.G.RAJKUMAR - REG
Your legal notice dated13.05.2024 on behalf of your client

Mr.K.V.G.Rajkumar S/o. Late K.V.Govindarajulu, residing at D.No.14-138,
Sechachalam Nagar, Karakambadi Road, Opp. Srirama Engineering College,
Settipalli Panchayat, Tirupati District, addressed to my client
Mr.D.Thirumaran, Son of K.David, at Door No.18, 1 st Floor, F2, M&M
Homes, Perumattunallur, Guduvancherry, Chengalpattu District – 603 202
is placed into my hands with specific instructions to give the following reply;
1. My client states that the averment in paragraphs 1 and 2 of your

notice that your client is the owner of the property mentioned in your legal
notice and also his entering a rental agreement with M/s. Nithanya
Enterprises are the matters on records. My client does not aware about the
sale consideration for purchase of the said property by your client and his
availing loan from LIC by depositing title deeds as stated in your legal
notice.
2. My client further states that as stated in your legal notice at

paragraph 1, my client has taken the property mentioned in your legal
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notice for lease (bhokiyam) by paying a sum of Rs.4,00,000/- as lease

amount. My client paid a sum of Rs.10,000/- in cash on 8.11.2023 and paid
the balance of Rs. 3,90,000/- on 8.12.2023 through RTGS through his IOB
account totaling Rs.4,00,000/- to the ostensible owner M/s. Nithanya
Enterprises, against which the averment in paragraph 3 of your notice that
my client made a rental agreement with M/s. Nithanya Enterprises and paid
an advance of Rs.3,50,000/- are not correct.
3. My client further states that he was searching for a house for lease
and found your client’s property, when enquired, by my client he came to
know that the property mentioned in your notice was managed by M/s.
Nithanya Enterprises based on the agreement entered between your client
and the said M/s. Nithanya Enterprises and the M/s.Nithanya Enterprises
was authorized to lease out or let out the said property to 3 rd parties on
condition that they have to pay monthly rent to your client as fixed in the
said agreement between them. Hence my client states that he entered a
lease (bhogiyam) agreement with the said M/s. Nithanya Enterprises by
making a payment of Rs. 4,00,000/ as lease (bhogiyam)
amount as stated above. My client also met your client and confirmed the
said agreement. Subsequently, during the month of January 2024 i.e. the
first month of my client’s possession in the property mentioned in your
notice pursuant to the lease agreement entered by my client with the said
Nithanya Enterprises, your client asked my client to reimburse the
electricity charges paid by your client for the months of December to
January 2023 and my client transferred a sum of Rs.130/- through Gpay to
your client phone No. 8072094564 on 26 th January 2024 and after the
receipt of the same, your client returned a sum of Rs.8/- to my client on 27 th
January through Gpay by taking the exact amount of Rs. 122/- being the
electricity charges. Hence, the averment regarding Sec 3 of Transfer of
property, constructive notice, willful absentation and gross negligence as
alleged in your notice in paragraph 3 does not arise. My client entered the
said lease agreement with proper enquiry and also put the same to the
notice of your client about his occupancy for residential purpose and
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thereby your client is permitted my client as the lessee in the said property
through M/s. Nithanya Enterprise and thereby estopped by conduct from
taking a contra stand through your legal notice.
4. My client further states that neither your client’s agreement with M/s.
Nithanya Enterprises nor the agreement with the said Nithanya Enterprises
with my client are not registered as per 4 of Tamilnadu Regulation of Rights
and Responsibilities of Land Lord and Tenant Act 2017, the provision of the
said Act, will have no application to the facts arising out of contract in those
agreements. However, parties to the said agreements can have reliefs under
the general law either based on ownership or on possessory rights. My client
hereby confirm that he has nothing to do with your client’s agreement with
M/s. Nithanya Enterprises, or the Payment of rent or the non-payment of
rent by the said M/s. Nithanya Enterprises to your client and that any type
of payment to your client by my client does not arise as stated in your
notice in paragraph 3 of your notice as my client came to be in possession of
the property mentioned in notice as lessee by payment of lease (bhogiyam)
amount of Rs.4,00,000/- as stated above.
5. My client further states that as stated above my client is in possession

of the property mentioned in your legal notice pursuant to the agreement of
your client with the said M/s. Nithanya Enterprises followed by another
agreement from my client with the said M/s.Nithanya Enterprises and that
there is no violation of rights and liabilities of lessor and lessee under
section 108 of Transfer of Property Act as alleged in paragraph 4 of your
notice. My client is a lawful lessee, he had taken possession of the property
mentioned in your legal notice through lease agreement from the authorized
person who is an Ostensible Owner as per section 41 of Transfer of Property
Act and further my client is not a mortgagee as alleged in your notice and
hence section 58(d) of the Transfer of Property Act have no application
arising out of the said agreements and further my client possession is lawful
pursuant to the legally valid agreement and hence the question of Mense
Profit as per section 2(12) of CPC does not arise. The other allegations that
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my client colluded in order to default the rent with M/s.Nithanya enterprises

are devoid of truth.
6. My client states that as stated above my client possession is lawful

pursuant to an agreement legally binding on your client and that the
averments in paragraph 5 of your notice about the 11 months period of
rental agreement between your client with the said M/s. Nithanya
Enterprises would not relevant to my client’s rights to continue as a lessee
in the said property till his lease amount is being returned by your client
jointly or severely. Further the question of payment of rent while vacating
the premises for the non-payment of the rent by M/s.Nithanya Enterprises
to your client are the matters between your client and the said M/s.
Nithanya Enterprises is not the concern of my client.
7. My client denies the allegation in paragraph 6 of your notice that by

using the premises, my client and the said M/s. Nithanya Enterprises is not
paying any rent to your client. But the payment of rent by my client to your
client would never arise as my client is in lawful possession of the property
mentioned in your notice as a lessee and not as a tenant. My client further
denies the allegations that my client is intentionally colluded with said
M/s.Nithanya Enterprises and made another agreement to defraud your
client and remains there without paying the rent and also willfully avoiding
to vacate the premises any title, right or whatsoever as client possession is
legally based on the agreement entered by him with the Ostensible owner.
My client does not admit that the property mentioned in your notice is
required for the personnel use of your client and to do necessary repairs and
these averments are made only to defeat my client’s rights to continue his
possession in the said property as a lessee and an attempt to evict him in an
illegal manner. It is an invented cause of action for the purpose of this
notice. However, my client is ready and willing to vacate premises within a
month from the date on which his lease amount is being returned by either
of you severely or jointly. My client states that you have authorized M/s.
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Nithanya Enterprises to enter into lease or rental agreement with the third
parties and hence your client is jointly and severally liable to return the
lease amount to my client.
In such circumstances on behalf of my client, I hereby request you, to

appraise your client about said facts and legal aspects suitably. My client
once again reiterates that in the event of his lease amount of Rs. 4,00,000/-
being returned either jointly and severally by your client and the said M/s.
Nithanya Enterprises, my client is ready to vacate and handover the vacant
possession of your client premises within a month from said payment or
otherwise if your client chooses to initiate any vexatious litigation if any
against my client, the same will be suitably defended by my client at your
client’s own risk and cost. Kindly note that my client further states that in
the circumstance stated above, the question of payment of Rs.5,000/- for
the expense of legal notice as demanded in your legal notice from my client
would never arise.
Yours sincerely
(M.S.RAM PRASAD)
Copy to:
M/s. Nithanya Enterprises,
Rep by its Proprietor,
D.Thangadurai,
S/o. Duraisamy,
No. 51, Vardhaman Nagar,
Urapakkam Village,
Vandalur Taluk,
Chengalpattu District 603 211.

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1

Your legal notice dated13.05.2024 on behalf of your client

1. My client states that the averment in paragraphs 1 and 2 of your

2. My client further states that as stated in your legal notice at

notice for lease (bhokiyam) by paying a sum of Rs.4,00,000/- as lease

5. My client further states that as stated above my client is in possession

my client colluded in order to default the rent with M/s.Nithanya enterprises

6. My client states that as stated above my client possession is lawful

7. My client denies the allegation in paragraph 6 of your notice that by

In such circumstances on behalf of my client, I hereby request you, to

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