T.M'S TEXTILES Vs. A.S.MAHADEVAN

JUDGEMENT

(1.) This revision petition is filed against the order dated 02.03.2015 made in RCA.No.1 of 2011 on the file of the Principal Sub Judge, Madurai, reversing the order dated 30.01.2010 made in RCOP.No.333 of 2002 on the file of the District Munsif, Madurai.

(2.) The revision petitioner is the tenant and the respondents are landlords. The case of the landlords is that they are wife and sons of the deceased original landlord A.S.Mahadevan, under whom, the revision petitioner was inducted as a tenant occupying 1100 sq.ft in the front portion at Door No.126-A, South Masi Street, Madurai, for business and godown on a monthly rent of Rs.4,100/-. According to the landlords, the demised premises is Type-I class with cement plastering with lime mortar and teak wood with all facilities and situated in the heart of the Madurai City and therefore, the original landlord filed RCOP.No.333 of 2002 on the file of the District Munsif, Madurai, for fixation of fair rent at Rs.12,000/- per month. The revision petitioner/tenant filed statement of objection in the RCOP denying the claim of the landlord that the demised building would fetch monthly rent of Rs.12,000/- and would state that the admitted rent is only Rs. 4,100/- per month.

(3.) The rent controller after considering the oral and documentary evidence on either side, fixed the fair rent at Rs. 6,620/-, against which, the landlords filed RCA.No.1 of 2011 on the file of the Principal Sub Court, Madurai, contending that the rent controller has erroneously fixed the market value of the site and when the demised building consists of Madras Terrace building area and asbestos sheet area, it should be valued separately. The rent control appellate authority after considering the oral and documentary evidence, has fixed the fair rent at Rs. 9,152/- per month. Aggrieved by the fixation of the rent at Rs. 9,152/-, the tenant has filed this revision petition.