S K PALANI RAJAN Vs. RAJESWARI

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the concurrent findings of the Rent Control Authorities, fixing the fair rent at rs. 2,634/ -.

(2.) THE demised premises is a non-residential shop portion in Luz Church Road, Mylapore, Chennai. THE Revision petitioner is a Tenant in the non-residential premises " mangalore tiled portion, measuring an extent of 264 sq. ft. THE petitioner has been paying the monthly rent at Rs. 700/ -. Seeking fixation of fair rent at Rs. 5 ,341 /-, the Respondent / Landlord filed R. C. O. P. No. 1562 of 2003 on the file of XIV Judge, Small Causes Court, chennai. THE Respondent / Landlord has also filed petitions against other Tenants for fixation of fair rent. Fixing the land value at Rs. 22 ,00,000 /- per ground, the Rent Controller fixed the fair rent at Rs. 2,634/ -. Aggrieved by the same, the Revision petitioner / Tenant has filed an Appeal in r. C. A. No. 961 of 2004 on the file of VII Judge, Small Causes Court, Chennai. THE fair rent fixed by the Rent Controller at Rs. 2 ,634 /-was confirmed by the Appellate Authority, which is challenged in this Revision petition. THE other Tenants have not challenged the fair rent fixed by the Rent controller.

(3.) P. W. 2 " Engineer appears to have estimated the market value of the site mainly on the basis of the Sale Consideration in the document, which might only reflect the guideline value. Fixation of Market value on the basis of guideline value or valuation register is unsustainable. In consideration of the location of the site and the nature of the building (tiled) it would be appropriate to fix the land value at Rs. 18 ,00,000 /- per ground. Construction cost of the building after taking depreciation for 80 years Rs. 21,398/- Land cost at Rs. 18 ,00,000 /- per ground for 264 sq. ft 264 x 18 ,00,000 /- ----------------- 2400 Rs. 1 ,83,000 /- -------------- Total cost of the building Rs. 2 ,04,398 /- and Land -------------- Monthly rent at 12%2 ,04,398 x 1 x 12 ----------------- Rs. 2,044/-12 x 100 Fair Rent Fixed Rs. 2,044/- The fair rent is payable by the Revision Petitioner at rs. 2 ,044 /- per month from the date of Petition i. e. , 01. 08. 2003. The Revision Petitioner is to pay the difference in rent at Rs. 1344/ -. (Rs. 2 ,044 " Rs. 700 = Rs. 1344/- ).