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Judgment
M. Anantanarayanan, J.—These are related Revision Proceedings, sought to be instituted by Messrs. T. Namberumal Chetty & Sons
(landlords) from the order of the Courts below, with regard to the fixation of fair rent. The only point upon which these proceedings have been
pressed, for admission, by learned Counsel for revision petitioner (landlords) appears to me to be so clearly concluded by the explicit language of
the statute, that I have no hesitation in dismissing these proceedings in limine.
As far as I am able to understand the relevant provisions of Sections 4(1) and 4(2)(b)(ii) of the Act, the area to be taken into consideration, as
far as the market value u/s 4(2)(b)(ii) is concerned, is, in the very words of that subsection ""that portion of the site on which the residential building
is constructed."" To argue from the fact that ''building'' is defined in Section 2(2)(a) of the Act as inclusive of ""the garden, grounds and out-houses, if
any, appurtenant to such building "", and that in consequence, the entire area inclusive of the compound should be taken into consideration, for
purposes of ascertaining the market value u/s 4(2)(b)(ii), is to fly in the face of the explicit language used by the Legislature. The Legislature has not
said that the market value of ''building'' is to be assessed. It has laid it down that the market value has to be ascertained, not with reference to the
''''Building'' but exclusively with reference to ""that portion of the site on which the residential building is constructed"" (italics mine). I have no doubt,
therefore, in coming to the conclusion that the Courts below were fully justified in taking the plinth area of the actual structure or residential building
alone into consideration in working out the formula of fair rent as provided for in the Act and under the Rules. The revision proceedings
accordingly fail and are dismissed in limine.