S E ABDUL GHAFOOR SAHIB Vs. A M ABDUL SALAM SAHIB
HIGH COURT OF MADRAS
S.E.ABDUL GHAFOOR SAHIB
A.M.ABDUL SALAM SAHIB
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Ramaswami, J. -
(1.) These are five connected civil revision petitions filed against the decrees and Judgment of the learned District Munsif of Vellore in S. C. S. Nos. 1003 to 1007 of 1950.
(2.) The facts are: The petitioner is the landlord and the respondents are the tenants of five shops belonging to the petitioner in Dhoranam-pet, Gudiysttam taluk. These shops were not electrified and at the requests of the tenants they were electrified at a considerable expense by the landlord and the landlord entered into the following agreement dated 1-2-1947 reproduced below:
"Agreement in respect of rent and electrical charges' etc. executed on the 1st day of February 1947 in favour of S.E. Abdul Gafoor Sahib, son of S. Yousuf Sahib, residing at Aliar Street, Dhoranampet, Gudiyattam Taluk, by A.M. Abdul Salam Sahib, son of A.U. Mathar Sahib, residing at the aforesaid street, Pettai and town to the following effect: I had been paying till now rent for the shop, at a sum of annas seven, Re. 0-7-0 per day for carrying on business in the building belonging to you, bearing Municipal door No. J. and situate in the bazar of Dhornampet. At my request, since you have installed electric lights as well as the lining, fitting and meters, etc., relating to the same at the said building at your own cost and as you yourself have been meeting the current charges as well, I have executed this agreement after having consented to pay daily the usual rent for the said building at Re. 0-7-0 per day as well as the daily charge of Re. 0-9-0 for the electric lights and the current etc. from 1-2-1947. This agreement shall be in force till the 31st day of July 1948. If for any reason the electric lining or meter be removed the electric charges of Re. 0-9-0 shall not be paid to you. To this effect the agreement in respect of the rent for the shop and electric charges executed by me with consent."
(3.) The tenants thereupon filed petitions before the Bent Controller, Tirupathur, impeaching the terms of the agreement and asking for a fair rent to be fixed. The Rent Controller fixed the fair rent at Re. 0-6-9 per day instead of Re. 0-7-0 set out in the agreement and left the question of electric charges mentioned in the agreement open.;
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