S JAYAVEL Vs. THAMARAIKANI

JUDGEMENT

(1.) THE said petition was allowed by the Rent Controller, but the fair rent was fixed as Rs.1,280/- per month. Against the said order, RCA.No.21/2002 was preferred by the landlord contending that the fair rent fixed by the Rent Controller is far below and the tenant has preferred RCA.No.420/2002 for reduction of the fair rent fixed by the Rent Controller. Both RCAs were taken up together by the first Appellate authority and a common order was passed by the first Appellate Authority on 23.12.2004. Against the said common order, these revision petitions have been filed by the tenant.

(2.) A perusal of the order passed by the first Appellate authority will go to show that after satisfying that the Rent Controller has fixed the value of the property on the basis of the documents of the year 1998-1999 and also after considering the guide line value, the learned first Appellate authority has held that the Rent Controller has correctly fixed the value of the property as Rs.15,00,000/-. There was no document produced before the first Appellate authority to show that the land value will fetch more than Rs.15,00,000/- during the relevant period. The appellate authority after fixing the value of the land, calculated the cost of construction as Rs.47,460/- and after allowing depreciation, has arrived at the fair rent as Rs.1,423/- per month, since the building was used for residential purpose. So, the first Appellate authority has raised the rent fixed by the Rent Controller from Rs.1,280/- to Rs.1,423/- per month. Against, this the landlord has no grievance.