ENGINEERS ASSOCIATES MECHANICAL ENGINEERS Vs. J PARVATHI

JUDGEMENT

(1.) THE Civil Revision Petitioner is the tenant before the learned rent controller, XIV Judge, Court of Small Causes Court, Chennai in RCOP No. 2227 of 1994. The RCOP No. 2227 of 1994 was filed for fixation of fair rent in respect of the petition mentioned property and that the monthly fair rent was fixed at Rs. 1864/- per month from the date of filing of the petition by the learned rent controller.

(2.) THE tenant / petitioner / appellant preferred an appeal in RCA. No. 04/1997 as against the order dated 02. 4. 1996 passed by the learned Rent Controller, XIV Judge, Court of Small Causes, Chennai and the same is pending adjudication before the learned appellate authority, VIII Judge, Court of Small Causes Court, Chennai.

(3.) PENDING RCA No. 04 of 1997, the tenant / petitioner / appellant filed M. P. No. 90 of 2001 before the appellate authority praying for an appointment of Advocate Commissioner to measure the area of the petition premises under the occupation of the petitioner / tenant / appellant. The reason assigned praying for appointment of Commissioner by the petitioner/tenant/appellant is that the petitioner/tenant/appellant is in possession of the area of about 538 sq. ft. and that the landlord/respondent has alleged that he is in occupation of 544 sq. ft. and that the common area was included by the learned Rent Controller, while fixing the fair rent and that the petitioner / tenant / appellant is not occupying the said area.