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High CourtsSingle Bench(2014) 11 MAD CK 0167

The Regional Manager, Tamil Nadu Handloom Weavers Cooperative Society vs Bino

Madras High Court · Decided on 7 November 2014

HON’BLE JUDGES
M. Duraiswamy, J
CASE NUMBER
C.R.P. (PD) (MD) No. 795 of 2014 and M.P. (MD). Nos. 1 and 2 of 2014

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Judgment

5 paragraphs · 358 words

M. Duraiswamy, J.

1.

Challenging the fair and final order passed in I.A.No. 11 of 2013 in R.C.O.P.No. 2 of 2008 on the file of Principal District Munsif Court, Valliyoor, the tenant has filed the above civil revision petition.

2.

The respondents/landlords filed RCOP No. 2 of 2008 for fixation of fair rent, wherein they sought to fix monthly rent at Rs.7,000/- per month. Thereafter, the landlords filed an application in I.A.No. 11 of 2013 seeking to amend the rent from Rs.7,000/- to Rs.18,000/-. Though the said application was opposed by the tenant, the Rent Controller allowed the application.

3.

As per Section 4(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, the fixation of fair rent can be done based on the cost of construction of the building and the cost of provision of anyone or more of the amenities as on the date of filing of the Rent Control Original petition. It is needless to say that the Rent Controller has to fix the fair rent only based on the cost of the construction and the amenities provided in the demised premises on the date of filing of original petition. Therefore, though the application for amendment of the rent was allowed by the Rent Controller, the Rent Controller shall fix the fair rent following the provisions laid down in Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. I do not find any error or irregularity in the order passed by the Rent Controller. The civil revision petition is devoid of merits and the same is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

4.

Since the Rent Control Original Petition is pending since 2008, I direct the Principal District Munsif (Rent Controller), Valliyoor, to dispose of the R.C.O.P.No. 2 of 2008 within a period of three months from the date of receipt of a copy of this order. The revision petitioner/tenant is at liberty to file additional counter in RCOP No. 2 of 2008, within a period of three weeks from the date of receipt of a copy of this order.