TRISHLA Vs. K. R. PARTHIBAN

JUDGEMENT

(1.) The civil revision petition on hand has been instituted against the fair and decreetal order passed by the Rent Control Appellate Authority dtd. 7/6/2022 in R.C.A.No.326 of 2019 confirming the order and decree passed in R.C.O.P.No344 of 2017 by the Rent Controller.

(2.) The revision petitioner is the defendant in occupation of the commercial premises owned by the respondent / landlord. It is not in dispute that the rental agreement is not in force and the landlord has not entered into any rental agreement renewing the tenancy or otherwise. The landlord filed R.C.O.P for fixation of fair rent under the provisions of the Act. The Rent Controller adjudicated the issues with reference to the documents and evidences placed by the respective parties and fixed the fair rent as Rs.38,420.00. Not satisfied with the order passed by the Rent Controller, the revision petitioner / tenant preferred an Appeal in R.C.A.No.326 of 2019 before the Rent Control Appellate Authority, who in turn adjudicated the facts and circumstances with reference to the documents and evidences made by the respective parties.

(3.) The landlord has filed R.C.O.P under Sec. 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for fixation of fair rent for the premises situated in the Ground Floor Shop portion of an extent of 869 Sq.ft together with undivided share of land of an extent of 197 Sq.ft from and out of 2400 Sq.ft bearing New Door No.231, Old Door No.134, Royapettah High Road, Mylapore, Chennai.