V S KANODIA ETC Vs. A L MUTHU
LAWS(SC)-2012-7-36
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on July 16,2012

V S KANODIA ETC Appellant
VERSUS
A L MUTHU Respondents

JUDGEMENT

- (1.) Leave granted. These appeals have been preferred against a common order dated 28th April, 2008 passed by High Court of Judicature at Madras whereby Revision Petition Nos. 323, 324, 615, 616 and 3347 of 2007 preferred by appellant were dismissed.
(2.) The appellants are tenant whereas respondents are the landlord of tenanted building. Initially, the dispute related to non-residential premises situated in Chennai, namely, (i) 2nd and 3rd floors of the building at D. No. 23, TTK Road, (Mowbray's Road), Chennai, (hereinafter referred to as 1st property) (ii) 2nd floor of the front and rear building at 22, TTK Road, (Mowbray's Road), Chennai-18 (hereinafter referred to as the 2nd property) and (iii) ground floor of the front and rear and 1st floor rear of the building at 22, TTK Road, (Mowbray's Road), Chennai-18 (hereinafter referred to as the 3rd property) but in these appeals, we are concerned with the rent fixed in respect to 2nd and 3rd property situated at 22, TTK Road, (Mowbray's Road), Chennai-18
(3.) In respect of 1st property at D. No. 23, TTK Road, Chennai, the contractual rent was Rs. 6210/- per month, which was increased to Rs. 18,847/- by an order passed by Small Causes Court, Chennai on 28.6.1996 in RCOP NO. ; 1046 of 1994 in a petition filed by respondent-landlord under Section 4 of the Tamil Nadu Buildings Lease and Rent (Control) Act, 1960 (hereinafter referred to as the Act). In the said case, for determination of fair rent, market value of the land was assessed @ Rs. 25 lakhs per ground. The appellant-tenant has preferred an appeal against the said order in RCA No. 557/2004 and another appeal has been preferred by respondent-landlord in RCA No. 1196/1996 before the Rent Control Appellate Authority (Small Causes Court) Chennai.;


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