S. JAYARAMA PANDIAN Vs. J. RATHINA SINGH

JUDGEMENT

(1.) THE present civil revision petition has been preferred under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the decree of the learned Rent Control Appellate Authority (VII Judge, Court of Small Causes, Chennai) dated 04.07.2013 passed in R.C.A. No. 157/2011. The tenant in the R.C.O.P. No. 243 of 2009 before the Rent Controller (XV Judge, Court of Small Causes, Chennai) is the petitioner in the present revision. The respondent in the revision is the landlord.

(2.) CONTENDING that the monthly rent for the petition premises was Rs.2,500/ - and a sum of Rs.5,000/ - had been paid by the revision petitioner/tenant as advance and claiming that the said contractual rent was much less than the market rent, the respondent herein/landlord filed a petition under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 before the Rent Controller for fixation of fair rent for the petition premises at Rs.25,000/ - per month. The same was taken on file as R.C.O.P No. 243 of 2009. The revision petitioner herein/tenant resisted the claim of fixation of fair rent at the rate of Rs.25,000/ - per month on the following contentions:

(3.) AFTER enquiry, the learned Rent Controller, by order dated 11.02.2011 rejected the defence plea of the revision petitioner/tenant regarding the maintainability of the fair rent petition. The learned Rent Controller fixed the fair rent for the petition premises at Rs.20,272/ - per month, which fixation was to be effective from 04.02.2009, namely the date of filing of R.C.O.P No. 243/2009 for fixation of fair rent. On appeal, the learned Rent Control Appellate Authority (VII Judge, Court of Small Causes, Chennai), by judgment and decree dated 04.07.2013 made in R.C.A. No. 157/2011, reduced the fair rent fixed by the Rent Controller to Rs.18,363/ - from Rs.20,272/ - per month.