LAKSHMI RANGA COMPLEX Vs. UMADEVI

JUDGEMENT

(1.) The above two revision petitions are filed by the landlords against the tenant. The tenant in both the civil revision petition is one and the same and the petition premises also one and the same and issue involved in both the civil revision petition is common and therefore both civil revision petitions are heard together and common order is passed.

(2.) The brief fact stated in this revision petition is that, the revision petitioners are the owner of the petition premises bearing D.No. 63, Cross Cut Road, Ganthipuram, Coimbatore-12 which is a commercial complex known as Lakshmi Ranga Complex. The above premise was leased out to the respondent herein for non-residential purpose from 01.04.1985 at the monthly rent of Rs. 2,000/-. The tenancy was for 11 months and the respondent paid an advance amount of Rs. 65,000/-. Since, the respondent herein/tenant committed default in payment of rent from 01.07.1998 onwards, the revision petitioners filed a suit against respondent herein in O.S. No. 648 of 1990 on the file of the Sub Court, Coimbatore, to eject the tenant from petition property. Since construction of building was within five years and therefore the suit for ejection was filed by the revision petitioner and the same was not pressed subsequently and accordingly the suit was dismissed by order dated 18.09.2001. Thereafter the revision petitioner firm filed eviction petition in R.C.O.P. No. 206 of 2001 and fixation of fair rent petition in R.C.O.P. No. 208 of 2001 against the respondent herein under section 10(2)(i) and 10(3)(a)(iii) and section 4 of the Tamilnadu Buildings (Lease and Rent) Control Act. At the time of tenancy the monthly rent was fixed at Rs. 2,000/- and now the nearby shops would fetch the monthly rent of Rs. 7,000/-. Further the petition property situated in a busy commercial area of Coimbatore City. Hence the Petition for fixation of fair rent at the rate of Rs. 12,500/- per month was sought for by the revision petitioner herein.

(3.) Per contra, the respondent herein/tenant contended that he is ready and willing for a reasonable enhancement of rent. The claim of revision petitioner is that the petition property would fetch a monthly rent of Rs. 12,500/- is not at all correct and the actual intention of revision petitioner is only to evict the respondent herein. Hence the respondent herein prays to dismiss the revision petition. The learned rent controller considered the oral and documentary evidence adduced on either side was pleased to fix the fair rent for the petition premises at the rate of Rs. 5,500/- per month and the same has to be paid from the date of petition.