M K THANGAVELU Vs. R BASKARAN

JUDGEMENT

(1.) The Landlord aggrieved over the quantum of Fair rent arrived by the Rent Controlling Authority is before this Court as revision petitioner.

(2.) It is the case of the revision petitioner/Landlord that the respondent was inducted as a tenant in the year 1991 in the petition premises. The petition premise was rented for non-residential building at Rs.1800/- per month. The petition premise is a Type I building 19 year old and the same is provided with all basic amenities. The petition premise is situated in prime area nearby Ashok Nagar Police station and the market value of the petition premise is more than Rs.55 lakhs per ground. The present rent paid by the respondent/tenant is very low. Hence he filed a petition in RCOP.No.2561 of 2005 before the learned XVIII Judge, Small Causes Court (Rent Controller), Chennai for fixation of fair rent under Section 4 of the Tamilnadu Buildings (Lease and Rent Control) Act seeking rent at the rate of Rs.8,564/- per month.

(3.) The Respondent/tenant resisted the above RCOP contending that the revision petitioner is neither the owner nor the landlord of the petition premise. The petition premise is 24 years old and not 19 years. The petition premise site is a slum clearance Board allotment and hence the demand of monthly rent by the petitioner at Rs.8,564/- per month is excessive and imaginary.