MAHJABEEN Vs. GULF MEDICAL DIAGNOSTIC SERVICE [P] LTD

JUDGEMENT

(1.) C.R.P.No.230 of 2019 is the revision filed by the landlady and C.R.P.No.2343 of 2018 is the revision filed by the tenant. Both these revisions emanate from the proceedings in R.C.O.P.No.1315 of 2012. C.R.P.No.231 of 2019 filed by the landlady and C.R.P.No.1766 of 2018 filed by the tenant, emanates from R.C.O.P.No.1317 of 2012. The parties are referred to as landlady and tenant wherever the context so requires.

(2.) The landlady had filed R.C.O.P.No.1315 of 2012 on the file of the XVI Judge, Small Causes Court, Chennai, under Section 4 of the Tamil Nadu Building (Lease and Rent Control) Act (herein after referred to as the Act), for fixing the fair rent in respect of the portion of the third floor of the demised premises bearing Door No.16, Chinnappa Rowther Street, Triplicane, chennai - 5. The case of the landlady was that she had let out the said premises to the tenant for the residential use on a monthly rental of Rs.4,000/-. The rent in respect of the said property was very low, considering the fact that the property was situate close to Triplicane High Road and was situate in the junction of Devaraja Mudali Street and Chinnappa Rowther Street. The building consisted of a ground and three floors.

(3.) The demised premises have several locational advantages like Schools, Hotels, Post Office, Lodges, Hospitals and the M.A.Chidambaram Stadium. Apart from that there were several other Commercial establishments in and around the demised premises. The Building consisted of over 20 tenants and was a type I, Class "A" construction with the basic and schedule I amenities. The landlady would contend that the premises would fetch a fair rent of Rs.11,473/- per month.