T. MAYURA MALLIAH Vs. AUROBINDO ASHRAM TRUST

JUDGEMENT

(1.) The petitioner is the landlady. She is aggrieved against the order passed by the Rent Control Appellate Authority in reversing the finding of the learned Rent Controller while fixing the fair rent.

(2.) Short facts of the case are as follows:

(3.) It is the case of the petitioner that after such purchase, the respondent wanted the petitioner also to part with her 1/5th share by way of sale which she declined. The rent which is being paid by the respondent is not reflecting the fair rent and therefore, she filed H.R.C.O.P.No.100/2000 on the file of the learned Rent Controller, Pondichery under section 5(4) of the Pondicherry Building (Lease and Rent) Control Act, 1969 for fixation of fair rent at the rate of Rs.1,76,000/- per month for the entire premises and consequently, seeking for a direction to the tenant to pay the petitioner a sum of Rs.35,200/- per month as rent being the 1/5th share. For making such claim, the petitioner heavily relied on the sale deed dated 13.09.1999 executed by the other sharers in favour of the respondent in respect of 4/5th share of the very same premises. The market value of the property was shown therein as Rs.1,76,00,000/-.