GOWTHAM CHAND JAIN Vs. CHENNAI DEVANGAR MAHAJANA SABAI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal order dtd. 13/4/2017 made in R.C.A.No.345 of 2012 on the file of the IX Small Causes Court, (Appellate Authority) Chennai, confirming the fair and decreetal order dtd. 11/8/2010 made in R.C.O.PNo.1599 of 2007 on the file of the XVI Small Causes Court, Chennai.

(2.) The respondent is petitioner in R.C.O.PNo.1599 of 2007 on the file of the XVI Small Causes Court, Chennai. One Gowtham Sand Jain was tenant under the respondent in said R.C.O.P The respondent/ landlord filed the R.C.O.P, against the said Gowtham Sand Jain and other tenants, for fixing the fair rent as per Sec. 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act. According to the respondent, the petition premises is situated at busy locality, where temples, manySchools, Colleges and Banks are located very nearby. There are number of commercial establishments, Parks and Cinema Theatre near to the petition premises. The petition premises is situated in an important and highly developed commercial area and it commands all the location facilities. The petition premises is type I building, having all amenities. The rent paid by the petitioner is very low and prayed for fixation of rent at Rs.7,055.00 per month.

(3.) The tenant Gautham Sand Jain filed counter statement and denied all the averments in the petition. According to the tenant, rent paid by him is itself on higher side and respondent is not entitled for fixation of fair rent at Rs.7,055.00 and prayed for dismissal of R.C.O.P. In view of six R.C.O.Ps., filed by the respondent/landlord, common evidence was let in, in all the R.C.O.Ps. Before the learned Rent Controller, the respondent examined two witnesses and marked 10 documents. The tenants in all R.C.O.Ps examined 3 witnesses and marked 6 documents. The learned Rent Controller, considering the entire materials placed before him, held that the building is type I building with all amenities, fixed age of the building as 22 years, depreciation as 1%, plinth area as234 Sq.ft. and land value at Rs.75,00,000.00 per ground. Considering all the above materials, the learned Rent Controller fixed the rent at Rs.5,690.00 per month. Against the order of the learned Rent Controller, the tenant filed R.C.A.No.345 of 2012 and the landlord filed R.C.A.No.58 of 2013. Pending R.C.A.s, the tenant died and petitioners were impleaded as legal heirs of the tenant in the R.C.A.No.345 of 2012 and 58 of 2013. The learned Appellate Authority has taken R.C.A.s along with other R.C.A.s filed by other tenants. The learned Appellate Authority, by the common judgment dtd. 13/4/2017, considering all the materials on record, order of the learned Rent Controller, confirmed the order of the learned Rent Controller, fixing the fair rent at Rs.5,690.00in present R.C.O.P and dismissed both the appeals filed by the landlord and tenant.