G L VIJAIN Vs. K SHANKAR
LAWS(SC)-2006-11-101
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on November 24,2006

G.L.VIJAIN Appellant
VERSUS
K.SHANKAR Respondents





Cited Judgements :-

T T G INDUSTRIES LIMITED VS. S P PADMAVATHY [LAWS(MAD)-2008-1-107] [REFERRED TO]
CHANDRAKANT DHANU VS. SHARMILA KAPUR [LAWS(BOM)-2009-1-93] [REFERRED TO]
KAMATAM SANGALAPPA VS. KAPADAM SNGALAPPA [LAWS(APH)-2012-1-39] [REFERRED TO]
ABEDA IQBAL PATEL VS. CORMORANT INVESTMENT PVT LTD [LAWS(BOM)-2008-12-83] [REFERRED TO]
M/S R.R. FLOUR MILLS PVT. LTD VS. STATE BANK OF INDIA [LAWS(MPH)-2013-9-50] [REFERRED TO]
NAND KUMAR THAKUR VS. STATE OF BIHAR [LAWS(PAT)-2014-9-9] [REFERRED TO]
GIRDHARILAL CHANDAK AND BROS VS. S MEHDI ISPAHANI [LAWS(MAD)-2011-8-69] [REFERRED TO]
ALOK SABOO VS. STATE BANK OF INDIA [LAWS(MPH)-2013-9-35] [REFERRED TO]
MOHAMMED ABDUL HAMEED VS. ZULFIKHAR AHMED [LAWS(APH)-2013-7-46] [REFERRED TO]


JUDGEMENT

- (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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