K MANI Vs. G SARASWATHI

JUDGEMENT

(1.) This Civil Revision Petition is filed against judgment and decree made in RCA No.225 of 2012, dated 12/11/2014 on the file of VIII Court of Small Causes, Chennai confirming the fair and decretal order made in RCOP No.609 of 2010 dated 29/2/2012 by the XVI Small Causes Court, Chennai.

(2.) The petitioner is the tenant and the respondent is the landlord in RCOP No.609 of 2010 filed before VIII Judge, Small Causes Court, Chennai. The respondent filed the above RCOP against the petitioner for fixation of fair rent at Rs.13,391/- per month in respect of petition premises. According to the respondent, the petition premises is located in a very important and valuable area of Mount Road, Pudupet which is in the heart of city of Chennai. The petition premises is a Type I Class - A1 construction The age of the building is 25 years and therefore the depreciation is 1% for one year but the maximum depreciation of any building is 60%. The plinth area of the petition premises exclusively used and occupied by the petitioner is 400 sq.ft. in the first floor and apportionment area under occupation of the petitioner is 199.50 sq.ft. There are also open balcony and common area measuring about 65 sq.ft. exclusively under the occupation of the petitioner. Further, the cost of construction of the petition portion will be Rs.500/- per sq.ft. The petition portion has got all the three basic amenities like electricity, water supply and drainage. The petition premises commands all the external and locational advantages such as bus stop, market, shops, banks, hospitals, clinics, dispensaries, hotels, restaurants, theatres, schools, colleges, High court, post offices, commercial complexes, government offices, railway station, new secretariat, temples, etc. within the same vicinity. The land value of the petition premises is not less than Rs.1,75,00,000/-. Taking into account, cost of land, construction and amenities provided in the petition premises, he prayed for fixation of fair rent at Rs.13,391/- per month.

(3.) The petitioner filed counter and denied all the averments made by the respondent. According to the petitioner, he is not tenant of entire portion as alleged by the respondent. He is occupying only 194 sq.ft. in the first floor. A common bath room and toilet measuring about 32 sq.ft (approx.) is situated in the first floor and the same is for the usage of other tenants also. The petitioner is none other than the respondent's sister's husband. The petition premises is at the banks of the coovam river at Varadharajapuram (Nariyangadu) in Chindadripet village. The wastage of government hospital reaches the coovam river very near to the petition premises and comparing it with Mount Road and terming it as "heart of Chennai" is highly unjustifiable. It is a slum area. Earlier, the schedule caste members who are the ancient people in the said area formed a society namely "Nariyangadu Co-operative Credit Society and requested the British Government to allot the land to them for their living. The entire land was acquired by Government for sanitary condition. Over the years, the Schedule Caste members began to sell the land to other persons and now the area is over populated. The respondent just enjoying the status of landlady in the eyes of law and harrassing the petitioner by using her status. Still there is no proper sanitation facility in the area. The building is more than 31 years old and the petitioner occupies only 194 sq.ft. The cost of construction attributed to the petition premises was only Rs.100/- per sq.ft. Basic amenities are not provided by the respondent. The petition is filed with ulterior intention to disturb the petitioner and the present petition is second such effort. In the year 1998, the petitioner filed petition before XIII Small Causes Court in RCOP No.2553/1998 for owner's occupation and the same was decreed against her on 17.02.2000. The appeal preferred against the said order in RCA No.492 of 2000 was also dismissed as withdrawn as per compromise, at the intervention of relatives. The petitioner agreed to pay a sum of Rs.800/- per month as rent. Hence, the present rent of Rs.800/- per month for the petition premises is correct and fair on the basis of actual facilities and prayed for dismissal of the petition.