K M MOHAMED NOORUDDIN Vs. P ELLAPPAN

JUDGEMENT

(1.) EXERCISING power under Section 23 of the Tamil Nadu buildings (Lease and Rent Control) Act, can the Appellate Authority appoint a commissioner in an Appeal filed against the order of the Rent Controller fixing the fair rent is the point arising for consideration in this Revision Petition.

(2.) THIS Revision Petition arises on the following facts:-Respondent is a Tenant of Northern side portion of the premises bearing Door no. 1, Kalaimanpuram Street, Anna Salai, Chennai on a monthly rent of Rs. 90/ -. The Respondent / Tenant is in occupation of the premises for the purpose of running his two wheelers mechanic shop. The Petitioner / Landlord filed R. C. O. P. No. 921 of 2000 under Section 4 (1) of the Tamil Nadu Buildings (Lease and Rent Control)Act (for short "the Act") for fixation of fair rent claiming a sum of rs. 10,436/- per month. The Rent Controller fixed the fair rent per month at rs. 2,751/ -. Aggrieved by the same, the Landlord has filed R. C. A. No. 472 of 2003. The Tenant has preferred R. C. A. No. 712 of 2003. Both the Appeals were heard together by the Appellate Authority. Arguments of counsel for the Petitioner was concluded on 26. 07. 2006.

(3.) LEARNED counsel for the Respondent has submitted that section 18-A of the Act enables the Rent Controller to appoint a Commissioner and for the purpose of holding further inquiry the Appellate Authority has rightly appointed the Commissioner. It was further submitted that Roof had fallen after the Appeal was filed and Commissioner had been appointed only to note down the physical features and the condition of the building, which would not in any way cause prejudice to the Landlord.