Landlord's revision against appellate order reducing fair rent for non-residential premises under the Tamil Nadu Rent Control Act. Court confirmed the appellate order except on land value, adopting Rs.3,31,46,285/- from a related revision and revising fair rent to Rs.25,222.57 per month.
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C.R.P.(NPD)No.881 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2024
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
C.R.P.(NPD)No.881 of 2022
1.M/s.Mahalakshmi Traders, Represented by its Proprietor, Kannan Venkatakrishnan (deceased), No.75/155, Govindappa Naicken Street, Chennai – 600 079
2.K.Srinivasa Rao .. Petitioners
Vs.
Y.Doraisamy .. Respondent
Prayer : The Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to set aside the judgment and decree dated 26.11.2021 passed in R.C.A.No.302 of 2017 on the file of the VII Court of Small Causes, Chennai varying the order and decree dated 17.02.2017 passed in R.C.O.P.No.1438 of 2013 on the file of the XIII Court of Small Causes, Chennai.
For Respondent : Mr.K.S.Sundar
Page No 1 of 6 https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.881 of 2022
ORDER
This revision arises against an order passed under Section 4 of the
Tamil Nadu Buildings (Lease and Rent Control) Act.
the side of the respondent, Ex.R1 to Ex.R6 were marked.
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C.R.P.(NPD)No.881 of 2022
on the basis of Ex.P3 and came to a conclusion that the value on the date of
judgment is Rs.4,38,36,306/- per ground. Applying the formula under the Rent Control Act, he fixed a fair rent at a sum of Rs.32,703/- per month.
Page No 3 of 6
C.R.P.(NPD)No.881 of 2022
Control Appellate Authority stands confirmed. The Civil Revision Petition
is accepted only insofar as the value of land is concerned, which is reduced
from a sum of Rs.4,00,00,000/- to Rs.3,31,46,285/-. Therefore, the fair rent
is revised as follows :
Land Value : Rs.3,31,46,285/-
Apportioned Value : 3,31,46,285 --------------- * 167.94 2400
Land Value : 2,319411.29 Building Value : 202846.00
Being Non-residential @ 12% = 25,22,257.29 * 12/100
Annual Value = 3,02,670.84 Fair Rent per month = 3,02,670.84 - - - - - - - - - 12 (months) Fair Rent per month = Rs.25,222.57/-
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C.R.P.(NPD)No.881 of 2022
Rs.4,00,00,000/- to Rs.3,31,46,285/-. The order of the learned Rent Control
Authority will accordingly stand modified. Accordingly, the Civil Revision
Petition stands allowed. No costs.
to recover the money dues by way of a regular civil proceeding.
03.04.2024
(3/3)
mkn2
Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No
To
Page No 5 of 6 https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.881 of 2022
V. LAKSHMINARAYANAN, J.
mkn2
C.R.P.(NPD)No.881 of 2022 and C.M.P.No.22915 of 2022
03.04.2024 (3/3)
Page No 6 of 6 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether the land value adopted by the Rent Control Appellate Authority for fair rent fixation was correct.
2 provisions across 2 enactments
M/s.Mahalakshmi Traders, Represented by its Proprietor, Kannan Venkatakrishnan (deceased)
K.Srinivasa Rao
Y.Doraisamy
V. Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
