K C NAMBIAR Vs. RENT CONTROLLER MADRAS*

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) . The Legislature of the State of Madras enacted the Madras Buildings (Lease and Rent Control) Act, 1960. Section 4 of the Act (in so far as it is relevant) provides :

(3.) . By Ss. (1) of Section 4, the Controller is invested with authority to fix fair rent of buildings in respect of which an application is made in accordance with the principles set out in Ss. (2) and (3) and such other principles as may be prescribed. Under sub-seclion (3) fair rent of any non-residential building is to be computed at nine per cent. of the gross return per annum on the total cost of such building and the total cost of the building is to consist of three components-(i) the cost of construction ; (ii) the market value of the portion of tlie site on which tlie lionresidential building is constructed ; and (in) such allowances not exceeding 25% of the cost. of construction as may be made for locality, features of architectural interest, accessibility to market, nearness of a Railway Station and other amenities as may be prescribed.