MUTHUKUMARIAH Vs. T RAJAGOPALAN

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing. This Revision is at the instance of the landlord upon whose application, the learned Rent Control fixed the fair rent for the petitioner premises at Rs.1,938/- per month. The said fixation was confirmed by the Appellate Authority in RCA No.424 of 2006.

(2.) The petition premises is a portion of a non-resdential building measuring about 190 sq.feet. The common areas in which the tenant is entitled to a right of user measures about 46 sq. feet, so the total constructed area in the occupation of the tenant is about 236 sq. feet. Since the demised premises forms part of a larger building, the value of the land was also apportioned between the tenants. There is no dispute as regards the fixation of the extent of building in the occupation of the tenant, the value of the building and the extent of land that is to be apportioned to the tenant in relation to the area of the building in his occupation. The only dispute in the Civil Revision Petition is regarding the valuation of the land adopted by the learned Rent Controller as well as the learned Appellate Authority.

(3.) The building in question is situate in Meeran Sahib Street, Chennai 2. Meeran Sakib Street is a street which branches of from Blackers Road. Blackers Road branches of from Anna Salai (Mount Road), which is one of the busiest thoroughfares in the City of Chennai. Claiming that the petition premises is situate in one of the very important commercial areas in the City, the landlord claimed that value of 2400 sq. feet of land (one ground) would be about Rs.1,00,00,000/- in the said Meeran Sahib Street.