VIJAYA ROHINI Vs. P RAVIKUMAR

JUDGEMENT

(1.) CHALLENGE is made to an order of the Rent Control Appellate Authority, namely the III Additional Subordinate Judge, Coimbatore, made in RCA No. 106 of 2005 affirming an order of the Rent Controller of the said place in I. A. No. 418 of 2004 in RCOP No. 190 of 2002, a petition filed by the revision petitioner-landlady for fixation of fair rent.

(2.) THE Court heard the learned Senior Counsel for the petitioner and also the learned Counsel for the respondent.

(3.) THE said RCOP was filed by the revision petitioner-landlady for fixation of fair rent alleging that the respondent herein is the tenant occupying the premises mentioned in the petition, having an extent of 695 sq. ft. from February 1985 onwards; that the rental what was actually agreed upon between the parties at the time of the filing of the RCOP, was Rs. 7,400/-; that applying the provisions of law, it should be Rs. 20,850/-, and hence, the same has got to be fixed by the Rent Controller. However, the counter was filed, and pending the same, the tenant filed I. A. No. 418/2004 alleging that he was forcibly evicted from the premises, and hence, his possession has got to be restored. On contest, the application was ordered. That order was challenged by the landlady before the appellate forum in RCA No. 106 of 2005. The appellate forum affirmed the order of the Rent Controller. Under the circumstances, this revision has been brought forth by the landlady before this Court.