HYDER TRADING COMPANY PVT. LTD Vs. P.KESAVAN

JUDGEMENT

(1.) These Civil Revision Petitions have been filed to set aside the common Order of the Rent Control Appellate Authority/ VIIIth Judge, Court of Small Causes Chennai dtd. 15/4/2014 passed in R.C.A.Nos.440 and 522 of 2007.

(2.) The facts of these Civil Revision Petitions have originated from the Rent Control Petition filed in R.C.O.P.No.92 of 2005 by the Civil Revision Petitioner/landlord before the learned Rent Controller/XIII Court of Small Causes, Chennai, for fixing the fair rent for the demised premises. The learned Rent Controller has allowed the Rent Control Petition and fixed the fair rent at Rs.2,02,741.00p.m. The respondent/tenant contested the Rent Control Petition by alleging that there was no landlord-tenant relationship between himself and the petitioner and the demised premises was let out to him only as a vacant site and the superstructure has been put up by himself; since the superstructure was built by him, the rent control proceedings are not applicable to the demised property.

(3.) The learned Rent Controller did not accept the said argument and proceeded to record that the demised property was let out to the respondent as a building and fixed the fair rent. The landlord has filed the Rent Control Appeal in RCA.No.440 of 2007 for modifying the quantum of the fair rent. The tenant has filed the Rent Control Appeal in RCA.No.522 of 2007 by challenging the very maintainability of the Rent Control Appeal. A common Order was passed after hearing both the Rent Control Appeals under which the Rent Control Appeal filed by the tenant was allowed and the Rent Control Appeal filed by the landlord was dismissed. Aggrieved over that, the landlord has filed these two present Civil Revision Petitions.