- (1.) THIS revision has been directed against the fair and decreetal order passed by the learned Rent Control Appellate Authority in RCA.No.349 of 2006 dated 23.12.2008 confirming the quantum of fair rent fixed by the learned Rent Controller in RCOP.No.1319 of 2005 dated 20.01.2006.
(2.) CRP. (NPD). No. 1509 of 2009: This revision has been directed against the fair and decreetal order passed by the learned Rent Control Appellate Authority in RCA.No.350 of 2006 dated 23.12.2008 confirming the quantum of fair rent fixed by the learned Rent Controller in RCOP.No.1321 of 2005 dated 20.01.2006. The Revision Petitioners in both the Revisions are the tenants and the respondent is the landlord. For convenience, the relationship of landlord and tenant have been referred as to status in this order.
(3.) THE case of the petitioner / landlord in RCOP.No.1319 of 2005 before the Rent Controller would be thus:- THE petitioner is the full and absolute owner of the premises No.27A, Mooker Nallamuthu Street, George Town, Chennai1. THE respondent is a tenant under the petitioner in respect of a shop in the Ground Floor of the said premises on a monthly rent of Rs.1,584/- p.m. THE petition property is situated in a commercial area and all sanitary items and Hardware items are available in the surrounding area. THE rent paid by the respondent is far below the fair rent payable for the said premises. THE fair rent for the shop under the occupation of the respondent works out to Rs.24,504/- p.m. Hence, the petition. The objections raised in the statement of objection filed by the respondent / tenant in RCOP.No.1319 of 2005 before the Rent Controller would be as follows: The RCOP is liable to be dismissed in limine as the same is neither sustainable in law nor on facts. The statements and claims made in the above petition are all false and frivolous and the same are denied. It is absolutely false and frivolous to state that the property is situated in a commercial area and that all sanitary and hardware items are available in the area and that the rent payable by the respondent is far below the fair rent and that the fair rent works out to Rs.24,504/- p.m. The petition premises is in bad and dilapidated condition. The petition premises is 45 to 50 years and therefore, the depreciation is 1.5% for 50 years. There is only one basic amenity of electricity. The petition premises is located in a small street, which is a one-way street, and it is located in a 'No parking area'. The petition property is located in a low lying place and there is always water stagnation even in the slightest rain affecting the business of the respondent. Since the Kothaval Market and the main bus stand has been shifted too far off Koyambedu area, the market value of site is not more than Rs.20,00,000/- per ground and therefore, the petition is not maintainable and the same is liable to be dismissed. ;