PRAKASH PHARMACY Vs. C THIRUPURUSUNDARI

JUDGEMENT

(1.) THIS petition is for refund of the sum of Rs. 46,160/- deposited to the credit of R.C.O.P. No. 2222 of 1984 on the file of XI Small Causes Court, Madras.

(2.) THE case of the petitioners is that the order of eviction was passed by the Rent Controller under Section 14 (1) (b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, hereinafter referred to as "the Act". It was confirmed. THEreafter a Civil Revision Petition was filed in the High Court. When CMP No. 3292 of 1997 was filed for stay, this Court directed the petitioners/tenants to deposit the arrears of rent at Rs. 2000/-, the Contractual rent. Hence, a sum of Rs. 48,468/- was deposited. Ac cording to the petitioners, there was actually no arrears. THE fair rent was fixed at Rs. 1154/- and it was confirmed by the Rent Control Appellate Authority. When the Civil Revision Petition was filed as against the order of eviction under Section 14 (1) (b) of the Act, it went against the petitioners/tenants and the matter was taken up to the Supreme Court and there also they failed. Hence, the petitioners claim refund of the amount paid by them in excess of the amount due to the landlords.

(3.) AS per Section 7 of the Act, when the Rent Controller has fixed the fair rent of a building, the landlord is not entitled to receive any amount in excess of the fair rent. Section 7 (1) (b) of the Act states that any premium or other like sum or any rent paid in addition to, or in excess of, such fair rent, whether before or after the date of the commencement of the Act, shall be refunded by the landlord to the person by whom it was paid. The next Section that is relevant for the purpose of appreciating this case is Section 23 (4) of the Act, which reads as follows: