P C VELAYUDHAN Vs. P M JOSEPH

JUDGEMENT

(1.) Is the tenant liable to pay interest on the arrears of fair rent from the date of his re-induction into the reconstructed building or does the liability arise only from the date when the fair rent is fixed by the court

(2.) When the above contentious issue came up for consideration, the Rent Control court held that the tenant would be liable to pay interest on the arrears only from the date of fixation of fair rent. However, the Rent Control Appellate Authority took the view that the landlord was entitled to get interest from the date of reinduction itself. The above order passed by the appellate authority is under challenge, at the instance of the tenant, in this revision petition filed under Section 20 of the Kerala Building (Lease & Rent Control) Act, 1965 (for short 'the Act').

(3.) It is the admitted position that the tenant was put in possession of the reconstructed building even before the fair rent was fixed. The landlord had preferred an application for fixation of fair rent before the Rent Control Court in 1986 immediately after reinducting the tenant. By order dated March 27, 1991 the court fixed the fair rent at Rs. 4,200/- per month. The said order was ultimately confirmed by the revisional authority.