NAMATH WATCH CO Vs. G VIJAYAKUMAR

JUDGEMENT

(1.) C.R.P.No.799 of 2002 The landlords, not satisfied by the fixation of fair rent by the courts below, has filed this revision petition. C.R.P.Nos.164 & 165 of 2002 The tenant, who failed in his attempt, to question the fair rent fixed by the Rent Controller, successfully in R.C.A.No.422/95 and also failed to resist the R.C.A.1157/96 filed by the landlords, is the revision petitioner in both the cases. This order shall dispose of the above three C.R.Ps. For the sake of convenience, the petitioner(s) and respondent(s) concerned in the above C.R.Ps. are described as landlords and tenant.

(2.) The landlords are the owner of a building bearing Door No.37/38, situated in Irusappa Maistry Street, Rattan Bazaar Road, Madras, which measures an area of 1091 sq.ft. The tenant is in occupation of the said premises, agreeing to pay a monthly rent of Rs.350/-. The landlords, considering the location of the building and the advantages enjoyed by the building commercially, felt that the rent at present being paid by the tenant, is very much low and the same is not in conformity with the fair rent payable under the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, hereinafter called 'the Act'. In this view, calculating the total cost of the building at Rs.4,19,053/-, the landlords have claimed fixation of fair rent at the rate of Rs.4200/- per month.

(3.) The tenant, accepting the tenancy, opposed the application contending, that the value adopted by the landlords and the total cost arrived for the building, are wrong. It is the further contention of the tenant, that the building will not fetch the monthly rent Rs.4200/-, as claimed by the landlords and in this view, the tenant prayed for the dismissal of the application.