SAKTHI AND CO Vs. DESIGACHARY

JUDGEMENT

(1.) WHICH is the criterion that has to be taken into account by the Rent Controller for fixing the fair rent i. e. , whether the guideline value, as contained in the revenue records, or, the market value, as per the sale deeds executed at the relevant point of time ? the above is the question, posed before this Full Bench.

(2.) FACTS :

(3.) THE main point, that has been urged before Justice K. P. Sivasubramaniam, a learned single Judge of this Court (as he then was), by the learned counsel for the petitioner/tenant, is, that the authorities below should not have accepted the guideline value, maintained by the Sub-Registrar's Office, or, the valuation register, maintained by the Municipality, as the basis for fixation of fair rent, and they should have fixed the fair rent only on the basis of the market value of the land, considering the sale deeds executed by the parties, with reference to the land situated in the area, at the relevant point of time.