SHA DHANRAJ CHUNILAL Vs. C VEDACHALAM CHETTIAR

JUDGEMENT

(1.) This revision petition relating to a case arising under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the -Act-) lies in a narrow compass. The respondent herein who is the landlord of a non-residential building leased out to the petitioner filed R.C.O.P.No.3848 of 1983 under Sec.5 of the Act for fixation of fair rent for the leased premises at the rate of Rs.1,928 per month. The petitioner herein (tenant) raised an objection that in prior proceedings, viz., H.R.C.No.2449 of 1985, the fair rent for the building has already been fixed at Rs.600 per month and in view of that fixation of fair rent, the landlord is not entitled to file another petition for fixation of fair rent. The Rent Controller sustained the preliminary objection raised by the petitioner herein and dismissed the landlord-s petition. Against the said order, the landlord filed an appeal, R.C.A.No.173 of 1985. The Appellate Authority who heard the appeal held that the Rent Controller was not entitled to dismiss the landlord-s petition on a preliminary point and instead, the Rent Controller ought to have examined the claim of the landlord on its merits, as well. He has, therefore, allowed the appeal and remitted the petition for a full enquiry. Against the order of remand the tenant has preferred this revision.

(2.) Before reference is made to Sec.5 of the Act, the prior proceedings for fixation of fair rent call for mention. The respondent herein had leased the premises to the petitioner for non-residential purpose on a monthly rent of Rs.400. In the year 1978, the respondent filed H.R.C.No.344 of 1978 for fixation of fair rent as in his opinion the rent of Rs.400 per month was too low. Instead of giving any relief, the Rent Controller fixed the fair rent at Rs.300 per" month. Against, the order of the Rent Controller, the respondent filed H.R.A.No.565 of 1978. The appellate authority fixed the fair rent at Rs.600 per month by his order dated 19th March, 1978. Against the said order, the respondent filed C.R.P.No. 3457 of 1978 to this Court but eventually he withdrew the petition. Consequently, the fair rent fixed by the appellate authority in H.R.A.No. 544 of 1978 became final.

(3.) After a lapse of five years, the respondent filed R.C.O.P.No. 3545 of 1983. It is in this petition the tenant raised the objection that Sec.5 of the Act prohibits the filing of a second petition for fixation of fair rent.