Madras High Court
S.Thilagavathy vs M/S.Fraulein on 5 October, 2023
C.S.NO.240 OF 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.S.NO.240 OF 2022
S.Thilagavathy .. Plaintiff
Versus
M/s.Fraulein
Partnership Firm
Represented by its Partner Mrs.J.Sumitha
Door No.201, Y Block Main Road,
5th Avenue 2nd Street,
Chennai – 600 040. .. Defendant
PRAYER: Plaint filed under Order VII Rule 1 of Civil Procedure Code read
with Order IV Rule 1 of the Original Side Rules praying for a judgment and
decree as follows:
(a) Directing the defendant to pay a sum of Rs.1,17,29,850/-
together with interest at 24% per annum on the principal amount of
Rs.1,17,29,850/- from the date of plaint till date of realization;
(b) Directing the defendant to pay the costs of the suit.
For Plaintiff : Ms.M.Lokeswari
for Mr.K.Suthan
For Defendant : Set exparte on 03.07.2023
1/5
https://www.mhc.tn.gov.in/judis
C.S.NO.240 OF 2022
JUDGMENT
The Suit is filed for recovery of a sum of Rs.1,17,29,850/-
together with interest at 24% per annum on the principal amount of
Rs.1,17,29,850/- from the date of plaint till date of realization.
2.It is the case of the plaintiff that the defendant was a tenant
under the plaintiff and the monthly rent was Rs.16,000/- per month. The
tenancy was for commercial cum residential purpose. Since the rent was very
low, the plaintiff has filed a petition in RCOP No.336 of 2013 for fixation of
fair rent. The learned Rent Controller vide order dated 20.11.2014 has fixed
the fair rent at Rs.2,13,270/- per month from the date of filing of RCOP. The
said order was challenged in RCA No.119 of 2015 and the same was
dismissed on 22.09.2020 confirming the order and decree passed in the
RCOP No.336 of 2013. In the meanwhile, the defendant was evicted from the
said tenanted premises on 07.02.2017. Hence, as per the fair rent fixed by the
learned Rent Controller, the defendant is liable to pay a sum of
Rs.1,17,29,850/- as arrears of rent.
https://www.mhc.tn.gov.in/judis
C.S.NO.240 OF 2022
3.The defendant remained exparte. The plaintiff was examined
as P.W.1 and 11 documents were marked as Exs-P.1 to P.11. The plaintiff has
spoken about the nature of the proceedings initiated against the defendant
and fair rent fixed by the learned Rent Controller. Ex-P.3 is filed to prove that
the learned Rent Controller has fixed fair rent at Rs.2,13,270/- per month
from the date of petition i.e., 12.02.2013. Ex-P.4 is the certified copy of the
judgment in RCA No.119 of 2015. The learned Rent Control Appellate
Authority has confirmed the fair rent fixed by the Rent Controller in RCOP
No.336 of 2013.
4.On perusal of Ex-P.3, it is seen that the fair rent has been fixed
from the date of petition i.e., 12.02.2013 and the plaintiff is entitled to claim
recovery of the amount from 12.02.2013 and not from 18.07.2012 till the date
of eviction on 07.02.2017. The fair rent proceedings has been reached finality
in the year 2020 and the Suit is filed well within the limitation period of three
years.
https://www.mhc.tn.gov.in/judis
C.S.NO.240 OF 2022
5.Accordingly, the plaintiff is entitled for a decree for a sum of
Rs.1,02,36,960/- with interest @ 9% per annum from the date of plaint till
date of realization with cost.
6.The Suit is disposed of accordingly.
05.10.2023
TK
https://www.mhc.tn.gov.in/judis
C.S.NO.240 OF 2022
N.SATHISH KUMAR, J.
TK
C.S.NO.240 OF 2022
05.10.2023
https://www.mhc.tn.gov.in/judis
