Prayer: Revision against the judgment dated 30.07.1996 made in R.C.A.No.136 of 1994 on the file of Rent Control Appellate Authority-cumPrincipal Subordinate Judge, Madurai, as against the order dated 30.09.1994 made in R.C.O.P.No.131 of 1993 on the file of Rent Controller-cumDistrict Munsif, Madurai.

M. Karpagavinayagam, J.

Which is the criterion that has to be taken into account by the Rent Controller for fixing the fair rent i.e., whether the guideline value, as contained in the revenue records, or, the market value, as per the sale deeds executed at the relevant point of time ?

The above is the question, posed before this Full Bench.

2. Facts :

“(i) The landlord, respondent herein, filed a petition, namely, R. C.O.P.No.131 of 1993 before the Rent Controller under Section 4 of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960, for fixing the fair rent at the rate of Rs.5,850/- per month, on the ground that the contractual rent of Rs.425/- per month is not sufficient.

(ii) The tenant, petitioner herein, resisted the said petition, contending that the contractual rent of Rs.425/- per month itself is sufficient and the claim of the landlord for fixing the fair re