H.S.KUMARA Vs. D.GOVINDAN (DIED)

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing. This Revision arises out of the proceedings under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The respondent herein, the landlord, sought fixation of fair rent for the petition premises, which is a portion of a non-residential building, measuring about 605 sq. feet located in the ground floor of the premises bearing New No.42 Perumal Koil Garden Street, Chennai 600 079 and having postal address as No.17, Thirupalli street, Sowcarpet, Chennai 79. The agreed rent was Rs.1,900/- per month. The landlord claimed a monthly fair rent of Rs.38,250/-. The landlord had cited various amenities that were available in the building as well as the locational and other advantages enjoyed by the building as factors that should be taken into account while fixing the fair rent.

(2.) The tenant responded to the claim contending that the premises is situate in a crowded market area and it does not enjoy the so called amenities and the advantages as claimed by the landlord. The value of the land as suggested by the landlord, was also disputed and it was claimed that one ground of land in the area could be valued only at a sum of Rs.60,00,000/-. The tenant also relied upon an exemplar Sale Deed to justify his claim.

(3.) At trial, the landlord on his part examined a chartered Engineer. His Report and Plan were marked as Exhibits P1 and P2, while two exemplar Sale Deeds were filed as Ex.P3(a) and P3(b). An analysis report explaining the valuation of the land was filed as Ex.P4. The tenant examined himself as R.W.1 and examined another Chartered Engineer as R.W.2. Exhibits R1 to R6 were marked.