LAWS(MAD)-2018-4-247

QUALITY PACKS AND PRINTS Vs. PRABHANATH

Decided On April 11, 2018
Quality Packs And Prints Appellant
V/S
Prabhanath Respondents

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal order dated 24.03.2014 of the Subordinate Judge, Poonamalle / Rent Control Appellate Authority made in RCA No.24 of 2012 modifying the fair and decretal order dated 24.11.2009 of the District Munsif / Rent Controller, Ambattur made in RCOP No.38 of 2006.

(2.) The petitioners are the tenant and the respondent is the landlady in RCOP No.38 of 2006 filed before District Munsif Court, Ambattur. The respondent filed the above RCOP against the petitioner for fixation of fair rent at Rs.1,01,200/- per month in respect of petition premises. According to the respondent, she is the absolute owner of the petition premises. The Tamil Nadu Small Industries Development Corporation allotted the industrial shed to Ms.Kohinoor Engineering (P) Ltd. and on payment of their dues towards consideration of the site and the superstructure, conveyed the Industrial shed in favour of M/s.Kohinoor Engineering (P) Ltd. in and by a deed of sale dated 01.06.1990 registered as Document No.4216 of 1990. The petitioner was inducted as tenant by the said M/s.Kohinoor Engineering (P) Ltd. on a monthly rent of Rs.7500/- for a period of 11 months from September 1995 excluding electricity consumption charges. The said license expired in the month of August 1996 automatically and was not renewed.

(3.) The petitioners filed counter and denied all the averments made by the respondent. According to the petitioners, the name of the companies mentioned in the petition do not have any relation to the petition premises. It is false to state that the petition premises is close to Bank, Hospitals, etc. The arterial road, inner ring road and the outer ring road are alleged only to pose an exaggerated picture. The allegation that the interior area is full of residential houses occupied by cream of affluent citizens and public personalities is false. The allegation that petition premises is provided with basic amenities of High Tension Electricity, water supply, drainage and sewer connection is false. The respondent's own sale deed would reveal that there is no water supply, drainage and sewerage connection.