RAJRANI DEVI Vs. YACOOB SHERIFF

JUDGEMENT

(1.) THESE two revisions arise out of an application for fixation of fair rent filed by the respondent herein. The agreed rent was Rs. 355 fixed under a registered lease deed dated4.2.1964, a registration copy of which has been marked as Ex.R.2. The lease is for a period of 25 years. The application for fair rent has been filed in June, 1983. The respondent claimed that a sum of Rs. 5,900 per mensem shall be the fair rent for the building. The Rent Controller fixed the fair rent at Rs. 2,725 per mensem. There were appeals by both the petitioner and the respondent before the Appellate. Authority. The Appellate Authority dismissed the appeal filed by the petitioner herein and allowed the appeal filed by the respondent and fixed the fair rent at Rs. 3,973 per mensem. The aggrieved tenant has preferred these revision petitions.

(2.) TWO contentions are urged by learned counsel for the petitioner. The first contention is that the petitioner for fixation of fair rent is not maintainable as the contract of lease is for a period of 25 years. According to learned counsel, the landlord is not entitled to apply for fixation of fair rent before the expiry of the contract period, namely, 25 years. It is argued that no fair rent petition could be filed before 4-2-1989. Unfortunately for the petitioner a similar contention has been found against by the Supreme Court in Ravjal and Com-pany v. K.G. Ramachandran,,� A.I.R. 1974 S.C. 818:(1974)1 S.C.C. 484. The decision of the Supreme Court has been followed by a Division Bench of this Court in M/s. Bapalal and Company v. P. Thkurdas, (1982)2 M.L.J. 179: A.I.R. 1982 Mad. 399. Hence, I cannot accept the first contention of learned counsel for the petitioner.