RABIYA BASHEER ALI Vs. C DEVENDRA PRASAD

JUDGEMENT

(1.) THE Tenant in R.C.O.P. No.509 of 2009, on the file of the XIII Judge, Small Causes Court, Chennai, is the Revision Petitioner.

(2.) THE Landlord/Respondent filed the above Petition under Section 4 of the Tamil Nadu Buildings (Lease and Rent) Control Act, 1960, for fixation of fair rent and also filed a Petition in M.P.No.112 of 2009, for permitting the Landlord/Respondent to inspect the premises with the help of a qualified Civil Engineer, so as to fix the fair rent and that Application was dismissed. As against that, the Landlord/Respondent filed an Appeal in R.C.A. No.401 of 2009, on the file of the VIII Judge, Small Causes Court, Chennai, and the Appellate Authority, allowed the Appeal and permitted that Landlord/Respondent to measure the petition premises with the help of the qualified Civil Engineer, on condition that any date for two hours, by giving one week prior notice to the Tenant.

(3.) MR. Sridhar, the learned Counsel appearing for the Revision Petitioner submitted that the Tenant would file appropriate Application about the maintainability of the Petition for fair rent before the Lower Court and Supplemental Agreement has already been marked before the Court in R.C.O.P.No.508 of 2009. It is further submitted by the learned Counsel that the Landlord has also admitted the said Supplemental Agreement. Nevertheless, the learned Counsel submitted that the rent is not payable by him and therefore, there is no need to fix the rent.