S.NANDAKUMAR Vs. SAREE SANSAR

JUDGEMENT

(1.) These Civil Revision Petitions have been filed by the landlord and the tenant aggrieved by the fair and decreetal order passed in R.C.A.No.44 of 2015 and R.C.A.No.28 of 2015, dtd. 21/2/2017, confirming the fair and decreetal order passed by the Rent Controller in R.C.O.P.No.340 of 2008 dtd. 23/1/2015.

(2.) The petitioner in C.R.P.No.2685 of 2017 filed a petition before the Rent Controller under Sec. 4 of "the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960" [hereinafter referred to as "Rent Control Act"] to fix the fair rent for the subject property at the rate of Rs.68,806.00 per month. The petitioners in C.R.P.No.2354 of 2017 were tenants and they resisted this petition on the ground that the alleged claim made by the landlord is unsustainable and hence sought for dismissal of the petition.

(3.) The Rent Controller after considering the contentions raised by either side and on appreciation of evidence, came to a conclusion that based on Ex.P7, a fair rent of Rs.68,806.00 per month can be fixed. Aggrieved by this order, the landlord filed R.C.A.No.28 of 2015 seeking for enhancement of the amount fixed by the Rent Controller. The tenant filed R.C.A.No.44 of 2015 questioning the order passed by the Rent Controller fixing the fair rent at Rs.68,806.00 per month.