STATE OF TAMIL NADU Vs. R J AMARNATH

JUDGEMENT

(1.) The Appellant/Defendant has filed this Appeal as against the Judgment and Decree dated 10.12.1997 passed in O.S.No.8976 of 1996 (originally filed on 30.12.1991 and numbered as C.S.No.990 of 1992 on the file of the High Court, Madras) by the Learned V Additional Judge, City Civil Court, Chennai.

(2.) The Respondent/Plaintiff has filed the present Cross Objection before this Court as against the Judgment and Decree dated 10.12.1997 in O.S.No.8976 of 1996 passed by the Learned V Additional Judge, City Civil Court, Chennai.

(3.) The short resume of the Respondent/Plaintiff's case: The Plaintiff, his Mother (Sulochana Devi), his brothers (R.J.Ravindranath and R.J.Surendranath) and sisters (R.J.Rathnamala, R.J.Madhumala, R.J.Nalini Devi) are the joined owners of twin properties structurally one block bearing Municipal Door Nos.135 and 136, Anna Salai (Mt.Road), Chennai-2. A Non-residential portion comprising of a big hall in the first floor of the property covered by Door No.136, Anna Salai, Chennai-2 fell vacant by the end of December 1946, necessitating a vacancy Report to the Defendant under Section 3 of the T.N. Buildings (Lease and Rent Control) Act 1946 (later Act 18 of 1960) and amended by Act 23 of 1973). In pursuance of the same, the then Accomodation Controller notified taking over of the said portion under the provision of the said Act, for the purpose of allotting it to the Government Employee or Offices, fixing a provisional rent of Rs.200/- subject to fixation of Fair Rent. Later, the said portion was allotted to the Senior Superintendent of Post Offices, Madras City, Central Division to accommodate the Mount Road/Sount/Post Office, which has been in occupation from them till date. Considering the extent of accommodation, the amenities and other factors, the petition HRC 2307/1981 was filed on 29.04.1981 under Section 4 of the Act against the Appellant/Defendant and the Fair Rent was determined on 02.11.1982 at Rs.1,114 per month. The Appeal filed by the Respondent/Plaintiff RCA No.1002/1983 was dismissed. The Appeal filed by the Appellant/Defendant R.C.A.851 of 1993 was allowed and the Fair Rent was reduced to Rs.1,111/-.