Mary C. Nidhiri vs Verghese

Koshi, C.J.—Clause 6(c) of the Travancore-Cochin Buildings (Lease and Rent Control) Order is conclusive on the point that once fair rent has been fixed for a building under the provisions thereof the tenant is entitled to the benefit of the reduction if any, with effect from the date Travancore or Cochin Rent Control measures, whichever applies to the ease came into force. Here the case comes from Travancore area where the 1st Rent Control Measure was apparently the Travancore Building Rent Control Order, 1122. The tenancy in this case commenced from 1-1-1124 (15-8-1948) and the tenant is therefore entitled to the benefit of the reduction from the said date. The Madras cases cited at the Bar (A.I.R. 1951 Madras 222 and 1951 Madras 493) are not relevant to the point as they deal with cases of enhancement. Where a landlord has let out a property on a fixed rent by no stretch of imagination can he be expected to get the benefit of an enhancement from a date anterior to a demand made in that behalf. In the circumstances the point Mr. Muricken raised before us that the reduction can take affect only from the date of the application (31-10-1950) cannot be sustained. As no other point is raised before us the appeal fails and we dismiss it with costs.