BAGAVATH VINAYAGAR KOIL KUMBAKONAM Vs. M RAMU

JUDGEMENT

(1.) THE landlord/Devasthanam has filed both these revisions against the common order of the learned Subordinate Judge, Kumbakonam, in C.M.A. No. 12 and 17 of 1988, the former filed by the Devasthanam and the latter by the tenant/respondent against the order of the District Munsif, Kumbakonam, in O.P. No. 11 of 1985, which was filed by the tenant for fixation of fair rent for the land of an extent of 700 sq.ft. which is under the occupation of the tenant. THE learned District Munsif has fixed the rent at Rs.62-50 taking the fair rent at Rs.50/-. THE learned Subordinate Judge reduced the rent payable by the tenant and fixed the same at Rs.37-50 taking in to account the rent at Rs.30/- per year. Aggrieved by the same, the Devasthanam has now filed the above revisions.

(2.) I have heard Mr. K.Chandrasekaran for the DEvasthanam and Mr. R.Sekar for the tenant.

(3.) IT is useful to extract Sections 6,7 and 7-A of the Act. "6. Determination of rent-(1) If, after a decree of interim order is passed under Section 4, the land lord is unable or unwilling to pay the compensation ordered, he may within three months from the date of the decree or interim order apply to the court to fix a reasonable rent for the occupation of the land by the tenant and thereupon the Court shall by its order fix such rent as it deems reasonable: Provided that the rent previously payable for the land shall not be enhanced by more than twenty five naye paise in the rupee. On the passing of an order sub-section (1), the decree or interim order passed section 4 shall be deemed to have been vacated. 7. Application of landlord for ejectment of tenant or fixing the rent-any landlord may apply by a petition to the court having jurisdiction to entertain a suit for ejectment or in the city of Madras, either to such court or to the Presidency Small Cause Court to fix a reasonable rent for the occupation of the land by the tenant and thereupon the court shall by its order fix such rent as it deems reasonable. Provided that the rent previously payable for the land shall not be enhanced by more man twentyfive naye paise in the rupee. 7-A. Application by tenant-A tenant may apply to the court having jurisdiction to entertain a suit for ejectment or, in the city of Madras, either to such court or to the Presidency Small Cause Court to fix a reasonable rent for the occupation of the land or where on application under Section 7, the rent previously payable for the land has been enhanced, for a reduction of the rent fixed; and thereupon the court shall, by its order, fix such rent as it deems reasonable."