NEXT LINK PRIVATE LIMITED Vs. N.RAMACHANDRAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the petitioner, against the order dtd. 25/9/2013 in RCA No.296 of 2010 on the file of the VIII Court of Small Causes at Chennai, modifying the order dtd. 28/8/2009 in RCOP No.800 of 2007 passed by the learned XI Judge, Small Causes Court, Chennai.

(2.) The brief facts which led to the filing of the present Revision Petition, can be stated as under:

(3.) Resisting the petition, the appellant/tenant has filed a counter, wherein, while denying the averments of the petition, inter alia, it is stated that the tenanted premises are situated on the rear side of Annal Salai where there is another building was located in front of the same. There is no direct or exclusive access to the building from Anna Salai and there is no proper parking facility also. The fair rent claimed by the respondents/landlords is highly imaginary without any legally acceptable basis and the calculation made is highly inflated and contrary to the prevailing market price. According to the appellant/tenant, the actual rent being paid by him was far above the fair rent and hence, a sum of Rs.35,332.00 is liable to be fixed as fair rent and the fair rent claimed by the respondents/landlords is highly usurious and cannot be sustained. With these averments, the appellant/tenant sought for dismissal of the petition.