M.I.Maraikkaiyar Thambi vs Nazeer Ahamed
2022 Latest Caselaw 909 Mad

                                                                                       CRP.PD.No.23/2022



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 20.01.2022

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                         CRP.PD.No.23/2022 & CMP.No.173/2022

                                            (Heard through Video Conferencing)

                     M.I.Maraikkaiyar Thambi                                          ... Petitioner

                                                             Vs
                     1.Nazeer Ahamed
                     2.Haleel Rahman
                     represented by their Power of Attorney Agent
                     Mr.Mohamed Niamathullah                                          ... Respondents

                     Prayer: Civil Revision Petition under Section 25 of the Tamil Nadu Buildings
                     [Lease and Rent Control] Act, amended by Act 23 of 1973 and 18 of 1960,
                     against      the   judgment    and   decreetal   order   dated    08.07.3032      in
                     RCA.No.1/2020 on the file of the learned Subordinate Judge, at Alandur
                     confirming the fair and decreetal order dated 20.03.2018 made in
                     MP.No.120/2017 in RCOP No.19/2011 on the file of the learned Principal
                     District Munsif, at Alandur.


                                            For Petitioner        : Mr.M.Thangadurai



                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                         CRP.PD.No.23/2022



                                                         ORDER

(1) The order under challenge is an order passed by the Appellate

Authority under the Tamil Nadu Buildings [Lease and Rent Control]

Act, dismissing the Appeal filed by the tenant challenging the order

dismissing an application seeking appointment of Commissioner to

measure the property with the help of the Civil Engineer and to file a

Report in a proceeding under Section 4 of the Tamil Nadu Buildings

[Lease and Rent Control] Act.

(2) The learned Appellate Authority has rightly held that the order

challenged is not an appealable order under Section 23 of the Act as it

does not determine the rights of the parties. Further, the very prayer

sought for cannot be granted as it would amount to gathering evidence

through means of a Commissioner. In a proceeding under Section 4

of the Tamil Nadu Buildings [Lease and Rent Control] Act, 1960, the

parties are expected to lead evidence regarding the area, the

measurement and the value of the property, to enable the Court to

decide the fair rent as per the formula under Section 4 of the Act. The

landlord has done precisely that by filing the Report of the Civil

https://www.mhc.tn.gov.in/judis CRP.PD.No.23/2022

Engineer and examining the Civil Engineer. The learned counsel for

the tenant had also an opportunity to cross examine the Civil

Engineer. It is open to the tenant to have the property inspected by a

Civil Engineer, file his report and examine him as a witness in the

proceedings. The assistance of the Commissioner cannot be sought

for to lead evidence.

(3) Hence, I do not see any merit in this revision. The Civil Revision

Petition therefore fails and it is dismissed subject to the opportunity

to the tenant to file the Engineer's Report and examine the Engineer.

No costs. Consequently, connected miscellaneous petition is closed.

                                                                                             20.01.2022

                     AP

                     Internet : Yes
                     Index    : No
                     Speaking order: Yes

                     To
                     1.Subordinate Judge, Alandur.

2.Principal District Munsif, Alandur.

https://www.mhc.tn.gov.in/judis CRP.PD.No.23/2022

R.SUBRAMANIAN, J.

AP

CRP.PD.No.23/2022

20.01.2022

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