JUDGEMENT
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(1.) Leave granted.
(2.) Extent of application of revisional jurisdiction of High Court under
Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
(for short "the Act") falls for question in this appeal which arises out of a
judgment and order dated 30.09.2004 passed by a learned Single Judge of
the Madras High Court (Madurai Bench) which is in the following terms:
"This Revision Petition is admitted, subject to the
condition that the petitioner deposits 50% of the
entire post arrears, by calculating the monthly rent
as Rs. 12,650/-, fixed by the appellate authority
from the date of fair rent control petition, named,
30.03.1992, which shall be paid within a period of
eight weeks from today. The petitioner shall also
continue to pay the monthly rent of Rs. 12,650/- on
or before 10th of every succeeding month."
(3.) Having regard to the point involved in this matter, it is not necessary
to state the fact of the matter in details. Suffice it to notice that Appellant,
herein is a tenant. Respondent filed an application for fixation of fair rent
before the Rent Controller. The Additional District Court, Madurai (Rent
Controller) fixed rent of Rs. 15,870/- per month in respect of the tenanted
premises by an order dated 4.04.2000. The said amount of fair rent
determined by the Rent Controller was directed to be paid from the date of
filing of the said petition, viz., 30.03.1992. An appeal was preferred
therefrom before the Principal Subordinate Judge, Madurai, being the
appellate authority under the Act. The appellate authority by an order dated
27.01.2004 fixed fair rent @ Rs. 12,650/- per month for the said premises
and directed the appellant to pay the same from the date of institution of the
application filed before the Rent Controller. Aggrieved by and dissatisfied
therewith, the appellant filed a revisional application before the High Court
wherein the aforementioned order was passed.;
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