GOWTHAM CHAND Vs. MOHAMMED JAMEEL

JUDGEMENT

(1.) THE tenant is the revision petitioner. THE respondent/ Landlord filed the R.C.O.P.No.27 of 2003 on the file of the Rent Controller Court, Mayiladuturai under Section 4 of the Tamil Nadu (Lease and Rent Control) Act for fixation of fair rent and after contest the learned Rent Controller fixed the fair rent at Rs.10,651-92 per month and rounded off to Rs. 10,650/- per month. Aggrieved by the same, this revision petitioner filed an appeal with the delay of 730 days and that application was dismissed and aggrieved by the same, this revision is filed.

(2.) IT is submitted by the learned counsel for the revision petitioner that the contractual rent was Rs.650/- and without any rhyme or reason the learned Rent Controller enhanced the rent to Rs.10,650/- without properly appreciating the market value of the site on which the building was constructed and the cost of construction and without providing for depreciation and the respondent/ landlord had also taken possession of the property pursuant to the eviction order passed in the Rent Control Petition filed by the respondent/ landlord and the respondent/ landlord filed the suit for recovery of rent based on the fair rent fixed by the learned Rent Controller and considering all these aspects, an opportunity may be given to the revision petitioner to file the appeal and challenge the fair rent fixed by the learned Rent Controller.

(3.) HAVING regard to the fact that the revision petitioner is prepared to deposit substantial amount towards rent, in my opinion, interest of justice would be met by directing the revision petitioner to calculate the rent at the rate of Rs.5000/- per month from the date of petition till June 2008, the date on which the delivery was taken and deposit the amount within a period of eight weeks from the date of receipt of a copy of this order and the revision is allowed. In the event of failure on the part of the revision petitioner to deposit the said amount the order passed by the Rent Control Appellate Authority shall stand restored. The learned Rent Control Appellate Authority is directed to consider the Rent Control Appeal on merits without being influenced by any of the observationss made by this Court or the amount fixed by this Court, within a period of three months thereafter.