M L YACOB SHERIFF Vs. RAJRANI DEVI

JUDGEMENT

(1.) These appeals are by the landlord and the question raised is on the method of valuation of the premises leased to the respondent-tenant, in accordance with S. 4(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the "the Act" for short) for fixation of 'fair rent.'

(2.) The question, neatly put is whether in valuation of land with the superstructure of landlord let out, the portion of the land which has been built upon by the tenant with the permission of the landlord, has to be valued as a built up land or as vacant land under S. 4(4) of the Act for fixation of 'fair rent' The Rent Controller, the appellate Court and the High Court of Madras by the impugned order dated 14-9-2001 have concurrently held against the landlord that in valuation of the leased premises, for fixation of fair rent, the portion of the land on which the tenant had been allowed to construct by the landlord cannot be valued as a built up land.

(3.) The learned counsel appearing for the landlord after taking us through the provisions of the Act and the decision of the Madras High Court including one of the Full Bench, contended that the words used in S. 4(4) "market value of the site on which the building is constructed" include both the lands on which the building leased out of the landlords stands as also the building raised by the tenant.