High Court dismisses an Original Side Appeal challenging a trial court order enhancing monthly lease rent for a 57-room commercial property from Rs.15,525 to Rs.55,000, finding the decision cogent and proper.
Appeal dismissed; costs awarded by way of costs being dismissed; connected miscellaneous petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2020
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE R.SURESH KUMAR
O.S.A.No.91 of 2020 and C.M.P.No.3676 of 2020
The Official Trustee of Tamilnadu High Court Campus, Chennai-600 104. ...
Prayer: Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules and clause 15 f letters patent to set aside the fair and decreetal order dated 08.11.2019 passed in A.No.7812 of 2018 in C.S.No.314 of 1930.
This O.S.A., has been filed by the lessee aggrieved by the order dated 08.11.2019 in A.No.7812 of 2018 in C.S.No.314 of 1930. The reasons assigned by the learned trial Court for enhancement of monthly lease rent is stated in paragraphs 6 and 7 of the impugned order, which are quoted below for ready reference.
“ 6. I heard the counsel for the applicant as well as the respondent/Official Trustee and perused the records. Admittedly, the property is situated in a commercial locality and there are 57 rooms in the building which is in occupation of the applicant. Therefore, as per the prevailing guideline value, the rent has to be fixed on a reasonable basis. Further, the applicant is paying the rent at the rate of Rs.15,525/- from 01.11.2016 and it has to be enhanced. According to the
respondent/Official Trustee, as per the assessment made by the Assistant Engineer attached to the office of the Official Trustee, the property is classified as Residential Area Class-II and the prevailing guideline value of the property is Rs.3,350/- per square feet. Therefore, as per the prevailing guideline value, the rent for the premises in question can be fixed at Rs.71,241/- per month.
Rs.71,241/-, the learned Single Judge has only fixed a monthly rent of Rs.55,000/- with effect from 01.11.2018.
Sd/-
Assistant Registrar(AD I)
//True Copy//
Sub Assistant Registrar
KST
To
THE OFFICIAL TRUSTEE OF TAMILNADU
HIGH COURT CAMPUS, CHENNAI-600 104.
2.THE SUB ASSISTANT REGISTRAR, OS-I
HIGH COURT,MADRAS.
+1cc to Mr.A.Ganesh , Advocate SR.No. 18697
O.S.A.No.91 of 2020
A.SK(04/08/2020)
3 issues framed by the court
Whether the High Court should interfere with the trial court's order enhancing the lease rent to Rs.55,000 per month.
Whether the enhancement of lease rent is justified given the commercial nature and size of the property.
Whether the Original Side Appeal filed under Order XXXVI Rule 9 has any merit.
1 provisions across 1 enactments
The Official Trustee of Tamilnadu High Court Campus, Chennai
The Lessee (Aggrieved Party)
VINEET KOTHARI
R.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
