M KHASIM KHALEALI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE landlord is the revision petitioner. THE landlord filed an application under section 4 of XVIII of 1960 for the fixation of fair rent in respect of a non-residential building. THE respondent-tenant is the State of Madras, represented by the Accommodation Controller.

(2.) THE landlord in his petition wanted a rent of Rs. 32,500 to be fixed as the fair rent for the building. This application was resisted by the respondent and after recording evidence the Rent Controller fixed the fair rent at Rs. 28,000 per month. Aggrieved by this order, both parties preferred appeals, the landlord filing an appeal in H. R. A. No. 521 of 1978 and the tenant preferring an appeal in H. R. A. No. 483 of 1978. Unfortunately, both appeals were lying before different Courts and this was not brought to the notice of the Appellate Authority, by either party. THErefore, the two appeals were heard separately by different Authorities and judgments were rendered. In the appeal by the tenant in H. R. A. No. 483 of 1978 the fair rent was confirmed at Rs. 28,000 per month and consequently the appeal was dismissed on 5th December, 1978. Subsequently, on 12th December, 1978, the appeal filed by the landlord was taken up by a different Judge and in that H. R. A. No. 521 of 1978 the appellate authority has passed the order thus: '"THE appeal is accordingly allowed........Fair rent is fixed at Rs 21,943 per month". This operative portion of the order reducing the quantum is ununderstandable and is not in conformity with reason or propriety. Be that as it may, there are now conflicting decisions with regard to the fair rent in respect of the same premises between the same parties.