R SOWRIRAJAN Vs. T KALA

JUDGEMENT

(1.) THE above revision has been filed by the tenant under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act) challenging the order of Rent Control Appellate Authority confirming the order of Rent Controller fixing a fair rent of Rs. 7,146/- to the petitioner's premises under Section 4 of the Act.

(2.) THE brief facts that are necessary for the disposal of the above Revision are set-out below:-The building in respect of which fair rent has been fixed is located at Door No. 36, Vathiyar Subbaraya Mudali Street, Saidapet, Chennai 15. A school which is said to be in existence from 1929 is being run there. The landlord initiated Eviction Proceedings and the said Eviction Proceedings attained finality by the disposal of the Special Leave Petition filed by the tenant before the Apex Court. But in the meantime, land acquisition proceedings were initiated under the Land Acquisition Act, 1894. The Landlord challenged the land acquisition proceedings by filing a writ petition before the High Court and the said writ petition was allowed. The tenant filed a writ appeal against the writ petition, but the same was dismissed and as against that, the tenant preferred a Special Leave Petition before the Apex Court. The Apex Court, by an order dated 02. 09. 1996, granted stay of dispossession of the tenant. When the Special Leave Petition was pending before the Apex Court, the petition for fixing fair rent was filed.

(3.) THE main contention of the tenant before the Rent Controller was that in view of the pendency of the Special Leave Petition relating to the land acquisition proceedings, the rights of the parties have been absolutely frozen and the landlords cannot have any right, title or interest for seeking fixation of fair rent under the Act.