Kavika Associates vs P.Sathish Kumar
2021 Latest Caselaw 1051 Mad

                                                                         C.R.P.(NPD)No.3532 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 19.01.2021

                                                       CORAM

                                   THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

                                            C.R.P.(NPD) No.3532 of 2015
                                               and M.P.No.1 of 2015

                     Kavika Associates,
                     by its Proprietor Gurunathan,
                     S/o. R.Alwar,
                     No.95, Kutchery Road,
                     Mylapore,
                     Chennai - 600 004.                                         ... Petitioner

                                                          Vs.

                     P.Sathish Kumar                                            ... Respondent

                     Prayer :- Civil Revision Petition is filed under Section 25 of the Tamil
                     Nadu Buildings (Lease & Rent Control) Act to set aside the fair and
                     decreetal order dated 20.10.2014 passed in R.C.A.No.588 of 2012 on the
                     file of the learned IX Judge, Court of Small Causes, Chennai and also
                     confirming judgment and decreetal order dated 02.12.2011 passed by the
                     trial Court in R.C.O.P.No.2386 of 2008 on the file of the learned XIII
                     Judge, Court of Small Causes, Chennai, and fix the fair rent as claimed in
                     the petition itself by allowing the above Civil Revision Petition.



                     Page 1 of 6


https://www.mhc.tn.gov.in/judis/
                                                                          C.R.P.(NPD)No.3532 of 2015

                                           For Petitioner    : Mr.R.Neelakandan
                                                               For Mr.V.K.Kumaraswamy

                                           For Respondent    : Mr.V.Lakshminarayanan

                                                        ORDER

This Civil Revision Petition has been filed as against the fair

and decreetal order dated 20.10.2014 passed by the learned IX Judge, Court

of Small Causes, Chennai, in R.C.A.No.588 of 2012 confirming the

judgment and decreetal order dated 02.12.2011 passed by the learned XIII

Judge, Court of Small Causes, Chennai, in R.C.O.P.No.2386 of 2008

thereby fixing the fair rent for the petitioner's premises at Rs.7,527/- per

month as fair rent.

2. The petitioner is the tenant under the respondent for non

residential purpose on a monthly rent of Rs.900/- per month. The petition

premises is type-I, class-A building aged about 40 years. Therefore, the

respondent filed petition for fixing of fair rent for the petition premises. The

respondent examined P.W.1 & P.W.2 and marked Ex.P.1 to Ex.P.3. The

petitioner had examined R.W.1 & R.W.2 and marked Ex.R.1 to Ex.R.4. On

https://www.mhc.tn.gov.in/judis/ C.R.P.(NPD)No.3532 of 2015

both side the engineers were examined as P.W.2 and R.W.2. Both the

engineers were admitted that the petition premises is type I building and

aged about 40 years.

3. Though the petitioner's engineer has stated that the building is

aged about 60 years, no proof has been produced before the trial Court.

Therefore, the learned Rent Controller had taken the age of the building as

45 years. Since the building classified as type-I, as per PWD specification

1% is given as depreciation for the petition premises. Based on the available

materials on record and the amenities to the petition premises, the learned

rent controller fixed at 5% towards the basic amenities to the total cost for

construction of the building. The plinth area of the petition premises is

about 281.75 sq.ft and the notional land value of the petition premises is

fixed at rupees one crore per ground.

4. Considering those aspects, the learned Rent Controller fixed

the fair rent at Rs.7,527/-. Aggrieved by the same, the petitioner preferred

an appeal and the learned Rent Control Appellate Authority also confirmed

https://www.mhc.tn.gov.in/judis/ C.R.P.(NPD)No.3532 of 2015

the fair rent fixed by the learned Rent Controller by observing that the

petition premises situated at Kutchery Road, Mylapore and it is a prime

locality. That apart, initially the petition premises was rented out for Xerox

shop and now it is converted into an Advocate Office. Further the petitioner

is paying the admitted rent without fail. Therefore, this Court finds no

illegality or infirmity in the order passed by the Court below.

5. Accordingly, this Civil Revision Petition stands dismissed.

There shall be no order as to costs. Consequently, connected miscellaneous

is closed.

19.01.2021

Internet : Yes Index : Yes/No Speaking order/Non-speaking order

rts

https://www.mhc.tn.gov.in/judis/ C.R.P.(NPD)No.3532 of 2015

To

1. The IX Judge, Court of Small Causes, Chennai.

2. The XIII Judge, Court of Small Causes, Chennai.

3. The Section Officer, V.R. Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis/ C.R.P.(NPD)No.3532 of 2015

G.K.ILANTHIRAIYAN, J.

rts

C.R.P.(NPD) No.3532 of 2015 and M.P.No.1 of 2015

19.01.2021

https://www.mhc.tn.gov.in/judis/