D E HUSSAIN ANSAR Vs. S ELUMALAI

JUDGEMENT

(1.) THESE two civil revision petitions have been filed one by the tenant viz. , D. E. Hussain Ansar against the order in R. C. A. No. 162 of 1997 and the other by one Elumalai, the landlord against the order in R. C. A. No. 1539 of 1996 passed by one and the same appellate authority viz. , VIII Judge, Court of Small Causes, Chennai.

(2.) THE landlord filed R. C. O. P. No. 2598 of 1992 before the Rent Controller cum XII Judge, Court of Small Causes, Chennai against the tenant for the purpose of fixing fair rent at Rs. 37,730/= per month from the date of filing of the petition. It was resisted by the tenant by filing counter to the effect that the existing and agreed rent of Rs. 1800/= per month itself is fair rent and there is no need for fixation of fair rent much less at Rs. 37,730/=.

(3.) AFTER having considered the oral evidence of one witness viz. , the Engineer Seenivasan as PW1 and four witnesses as R. Ws. 1 to 4 and Exhibits marked as Exs. P1 to P7 and R1 to R13, the Rent Controller has come to the conclusion and fixed the fair rent at Rs. 8776/= per month from the date of petition. On appeals preferred viz. , R. C. A. No. 1539 of 1996 by the landlord and R. C. A. No. 162 of 1997 by the tenant, the appellate authority dismissed both the appeals confirming the fixation of fair rent by the Rent Controller at Rs. 8776/= per month. Aggrieved against such fixation of fair rent, the tenant preferred C. R. P. No. 1491 of 2002 and the landlord preferred C. R. P. No. 1557 of 2002.