Judgment

K. RAMASWAMY, J.:- The appellant/ tenant is in occupation of a double storeyed building bearing No. 100, Aiya Mudali Street, Chintadripet, Mount Road, Madras on a monthly rent of Rs. 170/-. The respondent landlady filed an application under Sec. 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 as amended by Act 23 of 1973, or short the Act. The Rent Controller fixed the fair rent at Rs. 1,000/-per month. On appeal, the Court of Small Causes, Madras and on further Revision under Sec. 25, the Madras High Court confirmed the order. This appeal by special leave has been at the behest of the tenant. The admitted facts are that 1/3rd portion of the building is being used for residential and the rest for non-residential purpose namely, for running a school. It is of 50 years old. Section 4 of the Act provides the procedure for fixation of the fair rent, which reads thus:

"Fixation of Fair Rent (1) The Controller shall on application made by the tenant or the landlord of a building and after holding such enquiry as he thinks fit, fix the fair rent for such building in accordance with the principles set out in the following sub-sections.

(2) The fair rent for any