Madras High Court
V.K.Rajendran vs The Manager on 23 December, 2021
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
1/5
https://www.mhc.tn.gov.in/judis
CRP (NPD) No. 2892 of 2021
ORDER
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
https://www.mhc.tn.gov.in/judis
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:
1. Principal District Munsif, Vridhachalam.
2.The Section Officer,
VR Section,
Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
CRP (NPD) No. 2892 of 2021
R.SUBRAMANIAN, J.
Vsg
CRP (NPD) No. 2892 of 2021
23.12.2021
https://www.mhc.tn.gov.in/judis
