SHAW WALLACE AND COMPANY LIMITED Vs. GOVINDAS PURUSHOTHAMDAS

JUDGEMENT

(1.) Leave granted.

(2.) Whether the revisional order dated 24th Dec., 1999 passed by the High Court of Madras in C.R.P. No. 2317 of 1996 suffers from any serious illegality which warrants interference by this Court is the question for determination in this case. M/s. Shaw Wallace and Co. Ltd., the tenant in occupation of the premises, has filed this appeal assailing the aforementioned order of the High Court .

(3.) The proceeding was initiated on the application filed by the landlords - Shri Govindas Purushothamdas and Shri Girdhari Govindas, respondents herein, for fixation of fair rent of the premises under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as 'the Act') . The controversy in the present proceedings relates to inclusion of the area of 1752 sq. ft. (approximately) described as 'platform and henpen' as a part of the building. The Rent Controller and the Appellate Authority excluded the said area and assessed the fair rent on the basis of plinth area of 4850 sq. ft. The fair rent was calculated as Rs. 22,403/- per month. In the revision petition field by the landlord under Section 25 of the Act, the High Court set aside the order of the trial Court as confirmed by the Appellate Authority determined Rs. 28,000/- in place of Rs. 22,403/- per month as fair rent. The said order is under challenge in this appeal.