RANGANAYAKI AMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition was filed by the owner of the building situate in No.4, IVth Street, Bharathi Nagar, Madras. The petitioner claimed that the building was outside the scope of theTamil Nadu Buildings (Lease and Rent Control) Act as the fair rent for the building was fixed at Rs.1,168 p.m. by the Rent Controller under the provisions of the Act. At that time Sec.30(ii) of the Act exempted the residential building or part thereof occupied by any one tenant, if the monthly rent paid by him in respect of that building or part exceeded four hundred rupees. On that basis, the petitioner's contention was that the rent for the building having been fixed at Rs.1,168 p.m. it was entitled to exemption from the provisions of the Act.

(2.) THE Supreme Court of India struck downSec30(ii) of the Act as unconstitutional in Rattan Arya v. State of Tamil Nadu A.I.R. 1986 S.C. 1444. Hence the basis of the claim of the petitioner had disappeared.

(3.) I am not resting my conclusion on a mere suspicion which arises on a perusal of the file. There are other factors also. In the writ petition, a detailed counter affidavit was filed by the respondent on 19.2.1991. In that counter affidavit, it is stated in paragraph 9 as follows: