K.Dinakaran v. v.Santhi
Case brief
What is this about?
In a fix-up of fair rent case, the Madras High Court held that appointment of an Advocate Commissioner is unnecessary and parties must rely on their own engineers. The Court allowed the revision to scrap the Commissioner's report and set aside the order re-issuing the warrant.
What did the court decide?
Order directing re-issue of warrant to Commissioner set aside; report of Commissioner scrapped; parties at liberty to place evidence.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.12.2020 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.R.P.No.3697 of 2018 and C.M.P.no.20567 of 2018
K.Dinakaran .. Petitioner
Vs.
V.Santhi ..Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 27.06.2018, passed in I.A.No.62 of 2017 in O.S.No.33 of 2014, on the file of the learned Rent Controller/ Principal District Munsif, Salem, and allow the above Civil Revision Petition.
For Petitioner : Mrs.K.S.Kamatchi
For Respondent : Miss.R.V.Gayathri for Mr.P.B.Ramanujam
This matter is taken up for hearing through VideoConferencing.
2. This Revision is against an order of partly allowing the application for scrapping the report of the Advocate Commissioner and re-issuing the warrant to enable him to comply with the memo of instructions given by the petitioner.
3. The main proceeding is one for fixation of fair rent. The land lord had applied for appointment of Advocate Commissioner in I.A.No.13 of 2015. A Commissioner was appointed and had filed a report and plan along with the valuation report of the Civil Engineer. The tenant sought for scrapping of the report complaining that the Commissioner has not followed the memo of instructions given by him.
Issues for consideration
3 issues framed by the court
Whether appointment of an Advocate Commissioner is necessary for the fixation of fair rent proceedings.
Whether the report of an Advocate Commissioner appointed for determining fair rent should be scrapped when the report is challenged for non-compliance with instructions.
Whether a warrant to re-visit the property and note physical features needs to be re-issued for fair rent fixation.
Parties & counsel
- petitioner
K. Dinakaran
- respondent
V. Santhi
Coram
R. Subramanian
Case details
As recorded by the court registry
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