In a civil revision prayer for costs incurred by the landlord for engaging an Engineer to determine fair rent under the Tamil Nadu Buildings Lease and Rent Control Act, the High Court held that the Act contains no provision for awarding such expert fees as costs, dismissing the petition.
Petition dismissed. No costs.
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.
CRP (NPD) No. 2892 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CRP (NPD) No. 2892 of 2021
V.K.Rajendran ... Petitioner/Appellant/Petitioner
Vs
The Manager Lakshmi Vilas Bank Limited., Vridhachalam
... Respondent/Respondent/Respondent
PRAYER : Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings Lease and Rent Control Act, against the Judgment and decree dated 27.08.2021 passed in C.M.A.No. 1 of 2018 on the file of the Principal Sub Court, Vridhachalam, confirming the fair and decretal orders dated 06.09.2017 passed in RCOP No.3 of 2012 before the Rent Controller cum Principal District Munsif, Vridhachalam.
For Petitioner : Mr. R. Meenal
CRP (NPD) No. 2892 of 2021
O R D E R
This Revision is against an order made in proceedings for fixation
of fair rent under Section 4 of the Tamil Nadu Buildings Lease and Rent Control Act.
2. The petitioner, who is the owner of the building sought for fixation of fair rent for the premises under the occupation of the tenant at Rs.60,000/- per month. The same was resisted by the Bank, which is a tenant. Before the Rent Controller, an Engineer was engaged to calculate the fair rent in accordance with the provisions of the Tamil Nadu Buildings Lease and Rent Control Act. He filed a report assessing the fair rent at Rs.25,300/-. The learned Rent Controller accepted the report entirety and fix Rs.25000/- as the fair rent payable.
3 . Aggrieved against the same, the Landlord preferred an appeal before the Appellate Court and in the Appeal, the landlord made another grievance that the fee paid by him to the Engineer, namely, Rs.50,600/- was not taxed as cost in the RCOP.
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CRP (NPD) No. 2892 of 2021
4. The Appellate Court affirmed the findings of the trial Court on
the merits and held that the fixation of fair rent is just and reasonable. The appellate Court did not recorded any finding on the fee payable to the Engineer. Hence, this Revision.
5. Mrs. R.Meenal, learned counsel for the petitioner, would vehemently contend that the fee paid to the Engineer should also have been taxed as costs in the RCOP as its huge amount. I am unable to subscribe to the contention of the learned counsel for the petitioner. In a proceeding for fixation of fair rent, both the landlord and the tenant are expected to lead evidence and place the best evidence before the Court. In the process, they may have engage certain professionals and produce their reports as evidence.
6. Under Sub-section 6 of Section 10 of the Tamil Nadu Buildings Lease and Rent Control Act, the Rent Controller is empowered cost of Rs.50/- when the Controller records a finding that the application for eviction filed by the landlord is frivolous or vexatious. Other than that there is no provision under the Act for awarding of costs incurred for procuring
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CRP (NPD) No. 2892 of 2021
the evidence or the fee paid to the experts as costs. Hence, I do not find any reason to entertain this Revision. Hence, this Revision fails and accordingly,
it is dismissed. No costs.
23.12.2021
vsg Index: Yes/No Speaking order / Non speaking order
To:
2.The Section Officer, VR Section, Madras High Court, Chennai.
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CRP (NPD) No. 2892 of 2021
R.SUBRAMANIAN, J.
Vsg
CRP (NPD) No. 2892 of 2021
23.12.2021
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2 issues framed by the court
Whether the fee paid by the landlord to the Engineer for assessing fair rent can be awarded as costs under the Tamil Nadu Buildings Lease and Rent Control Act.
Whether there is any provision in the Act for taxing the expenses incurred in procuring expert evidence as costs.
3 provisions across 1 enactments
V.K. Rajendran
The Manager Lakshmi Vilas Bank Limited., Vridhachalam
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
