Application filed to fix fair rent for specific property. Dispute arose over the property's extent (claimed 55 Sq.Ft. vs. measured 97.5 Sq.Ft.). Court relied on official inspection and dismissal of the applicant's claim. Application dismissed.
Application to fix fair rent dismissed; no order as to costs.
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A.No.692 of 2023 in C.S.No.1 of 1933
Application No.692 of 2023 in C.S.No.1 of 1933
S.VAIDYANATHAN, J
This application is filed to fix a fair rent for the schedule mentioned property. The only dispute is the total extent of the area, which according to the applicant is 55 Sq.Ft. and not 97.5 Sq.Ft. To ascertain the exact area, the property in question was inspected by the A.G. & O.T. officials and the same was measured to be of 97.5 Sq.Ft. Even according to the learned A.G. & O.T., the property situated is next to the place in question fetching Rs.10,000/- per month, whereas the rent fixed is only Rs.5,550/- per month. The applicant has already vacated the premises and handed over the key. The actual extent of the area of the property is 97.5 Sq.Ft. and not 55 Sq.Ft. as contended by the applicant, more so, when there was inspection in the presence of the applicant. Hence, the relief sought for by the applicant cannot be granted. Accordingly, this application is dismissed. There shall be no order as to costs.
22.02.2023
cs
Page No.1 / 2
A.No.692 of 2023 in C.S.No.1 of 1933
S.VAIDYANATHAN, J
cs
A.No.692 of 2023
in C.S.No.1 of 1933
22.02.2023
Page No.2 / 2
2 issues framed by the court
Whether the applicant can secure a fair rent given the discrepancy in the actual measurable area of the property compared to the claimed area.
Whether the inspection conducted by the A.G. & O.T. officials in the presence of the applicant is binding regarding the property's extent.
Application filed by Applicant
Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
