A KALIMUTHU (DIED) Vs. A P GOVINDHASWAMY NATHAN

JUDGEMENT

(1.) The Civil Revision Petitions are filed against the judgment and decree dated 16.04.2013 made in R.C.A.Nos.1725, 1724 and 1723 of 2002 on the file of the VII Small Causes Court, Chennai, confirming the fair and decretal order dated 27.02.2004 passed in R.C.O.P.Nos.1981, 1980 and 1979 of 2002 on the file of the XI Small Causes Court, Chennai.

(2.) The petitioners are the tenants and respondents are the landlords. The respondents filed R.C.O.P.Nos.1725, 1724 and 1723 of 2002 for fixation of fair rent. According to the respondents, the shops bearing Nos.5, 6 and 7 are situated in Venkatnarayana road, T.Nagar, which is the prime business locality in the City of Chennai nearby T.Nagar bus stand and Mambalam railway station. The famous Usman road, T.T.D.Devastanam temple and Sringeri Mutt are also very close to the suit property. Panagal Park, Natesan Park, Banks, schools, hospitals, hotels, restaurants, textile shops and jewellery shops are also situated near the suit property. Market value of the land in the schedule mentioned properties is more than Rs.60,00,000/-. Each of the petitioners in C.R.P.Nos.1700, 1701 and 2416 of 2014 are paying rent only Rs.1,250/-, Rs.2,000/- and Rs.1,000/- per month, respectively. The petition premises are provided with all basic amenities like water, electricity, sanitary etc. For the above reason, the respondent filed R.C.O.Ps. for fixation of fair rent at Rs.7,853.75 per month.

(3.) The petitioners filed counter statements and denied the averments that petitioners are paying only low rent and also denied that the petition property is in prime business locality in the city of Chennai with all locational facilities like bus stop, railway station and near to Pondy bazaar and Usman road. They admitted that they are tenants under the respondents. They submitted that plinth area of the petition portions is measuring about 245 sq.ft. each. The petitioners denied that all basic amenities are provided in the petition premises. The petition premises have only electricity supply in the name of the petitioners. The petitioners denied the market value of the land is more than Rs.60,00,000/- per ground. The rent now being paid by the petitioners is reasonable and hence, the contractual rent is to be fixed as fair rent for the petition portions.