DHANAPAL NAIDU PROPRIETOR Vs. KAWALJIT ANEJA

JUDGEMENT

(1.) The tenant is the revision petitioner in this civil revision Petition. This Civil Revision Petition is filed challenging the fixation of fair rent. It is the case of the respondent/landlord is that she filed R.C.O.P. No.1380 of 2009 before the XI Judge, Court of Small Causes Court, Chennai, against the revision petitioner herein for fixation of fair rent under Section 4 of Tamil Nadu Buildings (Lease and Rent Control) Act. She is the owner of the petition mentioned premises which is a non-residential building in the ground floor of D.No.834, Raheja Complex, Anna Salai, Chennai-2. There are three floors including basement and the 4th floor is partly build-up in the petition premises. The revision petitioner/ tenant is in occupation of shop No.15 which is situated in ground floor. According to the landlord the monthly rent is Rs. 5000/-. The petition premises is situated in a busiest commercial area that too in Annasalai. Nearby the petition premises there are so many important buildings are situated. The age of building is 24-25 years and the petition premises are a Type1 Class A building. The petition premises are having all the amenities for Type1 buildings. According to the landlord's Engineer the building is having all the amenities such as R.C.C. Roof, plinth area, ground floor common places, ground floor common toilet, and the build-up plinth area of the revision petitioner/ tenant is measuring 380 sq. feet. Therefore the landlord's Engineer after making detail calculation arrived at Rs. 49,627/- as fair rent per month. Hence, the respondent herein/ landlord claiming Rs. 49,627/- as fair rent per month for the petition mentioned premises.

(2.) The revision petitioner / tenant filed counter statement to the above R.C.O.P and contented that the landlord earlier filed eviction petition to evict him from the petition premises and the same was ended in his favour. The respondent / landlord having failed in her earlier attempt, has filed the present application for fixation of fair rent only two harass the tenant one way or other. The entire calculation with regard to the extent of the petition premises and common area calculated by the Engineer of the landlord is totally incorrect and it is highly excessive. It is not correct to state that the shop of the tenant is facing Anna Salai and the same is facing Narasingapuram street and therefore the valuation fixed by the Engineer of the landlord for Anna Salai area is not applicable to the petition premises. The present rent itself is just and reasonable and hence he prayed for dismissal of the fair rent application.

(3.) The learned Rent Controller on careful consideration of the case of both parties has fixed Rs. 25,800/- as fair rent per month for the petition premises from the date of petition by order and decree dated 16.06.2012. Aggrieved over the above said quantum of fair rent fixed by the Learned Rent Controller, the tenant/revision petitioner prepared appeal in R.C.A.No.697 of 2012 before the VIII Small Causes Court, Chennai.