R.M. Lodha, J. - (1.) Leave granted.
(2.) The short question for consideration in this appeal, by special leave, is whether the Single Judge of the Madras High Court was justified in directing the 2nd Appellant to pay interest @ 12% per annum on the arrears of rent from September 9, 1998 to the date of decree dated March 24, 2008.
(3.) Brief facts leading to the present controversy are these.The Respondent--S. Kamalaveni Sundaram (hereinafter referred to as the landlady) let out ground floor of her property situate at MRC Nagar, South Beach Avenue, Chennai to the 2nd Appellant (hereinafter referred to as the tenant) in the month of February, 1990 on a monthly rent of Rs. 5600/- payable according to the English calendar month. The tenancy was for non-residential purposes viz., for running the banking business. The landlady filed the suit for fixation of fair rent against the tenant in 1996. The Small Causes Court, Chennai vide its order dated March 27, 1998 fixed the fair rent at Rs. 32,356/- per month with effect from October 28, 1996. In September 1998, the tenant vacated the leased premises. However, the tenant was in arrears of rent at the time of vacation of premises. The landlady sent a notice through her lawyer and called upon the tenant to pay a sum of Rs. 5,71,832/- towards difference in rent upto May, 1998 and also rent for the months June, July and August, 1998 after giving adjustment of sum of Rs. 33,600/- paid by the tenant in advance. The tenant failed and neglected to comply with the notice sent by the landlady.;