- (1.) The writ petition has been filed challenging the order passed by the first respondent on 25.4.2002 increasing the rent from Rs. 137/-to Rs. 800/- per month.
(2.) The case of the petitioner is that he and his brother jointly purchased the superstructure bearing No.24/37, Raza Hyder Street, Anna Salai, Chennai-2 from its owner Ms. Ponnammal. The superstructure stands on the land belonging to the second respondent under whom the aforesaid Ms. Ponnammal was a tenant in respect of the land. For registering the superstructure no objection certificate was required to be obtained from the first respondent. While granting no objection certificate, the first respondent namely the Tamil Nadu Wakf Board, resorted to fix the rent at Rs. 800/- per month instead of Rs. 137/- in respect of the property measuring to an extent of 1130 sq.ft. The said order is being challenged before this Court.
(3.) Mr.S.B. Fazluddin, learned counsel for the petitioner firstly submitted that the petitioner approached the first respondent only for the purpose of getting no objection certificate as the registering authority insisted the same to register document in respect of the property owned by the religious Trust/Institution and the Wakf Board has got no power to raise the monthly rent while applying for no objection certificate. Secondly, he contended that the monthly rent was unilaterally and arbitrarily increased six times without any valid reason. Thirdly, he contended relying upon the proviso to Section 7 of the Chennai City Tenants' Protection Act 1921, which prohibits the enhancement of rent more than 25%. Section 7 of the Chennai City Tenants' Protection Act 1921 is extracted as follows: "7. Application of landlord for fixing the rent. - Any landlord may apply by a petition to the Court having jurisdiction to entertain a suit for ejectment (or, in the City of (Chennai), either to such Court or to the Presidency Small Cause Court) to fix a reasonable rent for the occupation of the land by the tenant and thereupon the Court shall, by its order, fix such rent as it deems reasonable: Provided that the rent previously payable for the land shall not be enhanced by more than (twenty-five naye paise) in the rupee.";