Tenant challenged concurrent orders fixing fair rent for premises on Mint Street, Chennai at Rs.10,263 per month. The High Court found the Rent Controller's and Appellate Authority's judgments well considered, noted price escalation since 2015, permitted withdrawal of deposited arrears, and dismissed the civil revision petition.
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C.R.P.No.1240 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 5.03.2024
C O R A M:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.R.P.No.1240 of 2022 and C.M.P.Nos.6655 & 18853 of 2022
Mr.Bhawarlal
Proprietor, M/s Mahendra Sweets Ground Floor, Shop Nos.8 & 9, Old Door No.394, New Door No.246, Mint Street, Sowcarpet, Chennai 79
...Petitioner
Vs.
Mrs.Bhanumathi (deceased)
... Respondents
Page No.1 of 6
C.R.P.No.1240 of 2022
PRAYER: Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, against the judgment and decree passed by the Rent Control Appellate Authority/ VII Small Causes Court, Chennai in R.C.A.No.102 of 2016 dated 18.11.2021 confirming the Order and Decree passed in R.C.O.P.No.2133 of 2012 on the file of the XVI Judge of Small Causes Court (Rent Controller), Chennai dated 17.12.2015
For Petitioners : Mr.T.P.Sankaran For Respondents : M/s.C.D.Sugumar
O R D E R
The tenant, who has suffered concurrent dismissal orders before the
Rent Controller and the Appellate Authority in fixing the fair rent for the property, challenged the same in this civil revision petition.
________ Page No.2 of 6_
C.R.P.No.1240 of 2022
for fixation of fair rent, after full contest, fixed the fair rent at Rs.10,263/per month from the date of petition. When the landlords sought for a fixation of fair rent of Rs.59,850/- per month, filed an appeal in RCA No.664 of 2017 for enhancement of fair rent, whereas aggrieved by the fixation of Rs.10,263/- per month, the tenants filed an appeal in RCA No.106 of 2016 and both the appeals were taken together for hearing.
Page No.3 of 6
C.R.P.No.1240 of 2022
for admission, this Court had directed the revision petitioner / tenant to deposit 60% of the differential arrears of rent payable to the landlords to the credit of R.C.O.P.No.2133 of 2012 and the revision petitioner had also deposited a sum of Rs.3,90,000/- before the Court of Small Causes, Chennai. In view of the order passed in the present civil revision petition, the landlords are permitted to withdraw the amount deposited by the tenants.
No costs. Consequently, connected miscellaneous petitions are closed.
5.03.2024
Index:Yes/No Internet:Yes/No sts
________ Page No.4 of 6_
C.R.P.No.1240 of 2022
To:
VII Small Causes Court,
Chennai.
Page No.5 of 6
C.R.P.No.1240 of 2022
J.NISHA BANU,J.
sts
Order made in C.R.P.No.1240 of 2022
Dated: 5.03.2024
________ Page No.6 of 6_
1 issue framed by the court
Whether the Rent Controller's fair rent fixation of Rs.10,263 per month under section 4(5) TNB(L&RC) Act was correct and warranted revision.
2 provisions across 2 enactments
Mr.Bhawarlal, Proprietor, M/s Mahendra Sweets
Mrs.Bhanumathi (deceased)
Hasmkh O.Jain
Vikesh O.Jain
Sanjay O.Jain
Otarmal K.Jain
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
