FOURESS ENGINEERING INDIA P LTD Vs. V KRISHNAN

JUDGEMENT

(1.) The revision petitioner is the tenant and the revision is filed against the fair rent enhanced to Rs.23,435/- per month by the learned Rent Control Appellate Authority in the appeal preferred by the tenant challenging the correctness of the fair rent fixed at Rs.18,648/- per month.

(2.) The landlord filed the Rent Control Original Petition for fixation of fair rent in respect of a portion in the first floor of the petition premises bearing No.805, Anna Salai, Madras2 with separate and independent access from premises No.804, Anna Salai, Madras2. It is stated in the petition that the contractual rent is Rs.2,500/- per month. The tenant/revision petitioner is in occupation of a major portion of the first floor of the premises bearing No.805, Anna Salai, Madras consisting of one hall, two rooms, one reception room, one toilet, besides the exclusive staircase leading from the ground floor to the petition premises and the area in the occupation of the tenant is 2418 square feet and the exclusive staircase area is 212 square feet and in total 2630 square feet. The age of the building is 80 years, but it is to be taken as 60 years being the maximum for the purpose of computation of fair rent. The building is class 'A' type-I. The building is located in a very very highly commercial area and the bus-stands, colleges, banks, shops, hotels, etc., are located very near to the petition premises. Therefore, as per the calculation made in the petition, fair rent is to be fixed at Rs.37,249/- per month.

(3.) The petition was opposed in the counter that the area in the occupation of the tenant is less than 2400 square feet and admitted that the staircase is used by the tenant to reach the rented portion in the first floor. The other factors in fixing the fair rent are denied.