RAMANATHA BHATTAR Vs. PADMANABHA PILLAI

JUDGEMENT

(1.) This is an appeal from the judgment of Vaidialingam J. dismissing the appellant's petition under Articles 226 and 227 of the Constitution, O. P. No. 93 of 1959. The petition was directed against Ext. P. 3, an order of the Deputy Collector and Building Rent Controller, Quilon, fixing the fair rent for the appellant's building at Rs. 60.00 per month. The tenant was apparently receiving more than Rs. 125.00 per month by sub leasing a portion of the building. The appellant contended that in view of that the fair rent should not be fixed at any figure below Rs. 125.00 per month. The contention was negatived by the Rent Controller, in the subsequent proceedings by way of appeal and "revision", and in O. P. No. 93 of 1959.

(2.) We are concerned with a non-residential building and it is common ground that the only provisions to be considered are sub-clauses (2) and (4) of clause 4 of the Travancore-Cochin Buildings (Lease and Rent Control) Order, 1950. Sub-clause (2) reads as follows:

(3.) The Learned Judge dealt with the appellant's contention as follows: