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2009 Supreme(SC) 1202

TARUN CHATTERJEE, H.L.DATTU
Olympic Industries – Appellant
Versus
Mulla Hussainy Bhai Mulla Akberally – Respondent


Advocates appeared:
For the Appellants :P.V. Dinesh, Jojo Jose, Advocates.
For the Respondents ; P.B. Suresh, Vipin Nair (for M/s. Temple Law Firm), Advocates.

JUDGMENT

Tarun Chatterjee, J.—

1. Leave granted.

2. These appeals are directed against the judgment and order dated 15th of February, 2007 passed by a learned Judge of the High Court of Judicature at Madras in CRP (NPD) No.207 of 2002 and CMP No.2249 of 2002, by which in the exercise of its revisional power, the High Court had rejected the application for permission to file additional counter statement.

3. The brief facts necessitated for the disposal of these appeals are as follows :

The appellant became tenant under the respondents in respect of a portion of premises bearing Door No.37, West Mada Church Street, Royapuram, Chennai-13 for non residential purposes at a monthly rental of Rs.750/-. Seeking fixation of fair rent at Rs.10,177/- per month, the landlord/respondents filed a petition before the XIIth Judge of the Small Causes Court at Chennai. The fair rent was sought for on the calculation of cost of construction of Madras Terraced Building (960 sq. ft) and Zinc Roofed Building (390 sq. ft) and market value of the land. In the said application for fixation of fair rent, the appellant filed his counter statement contending that the monthly rent of Rs.750/- being paid by the









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