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1988 Supreme(Mad) 456

NAINAR SUNDARAM
Savani Transport (P) Limited – Appellant
Versus
M. Jamal Mohammed – Respondent


JUDGMENT

Nainar Sundaram, J.

1. These two Revisions arise out of proceedings for fixation of fair rent under the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960, hereinafter referred to as the Act. The landlord in the petitioner in C.R.P. No. 2081 of 1984 and the tenant is the petitioner in C.R.P. No. 3423 of 1983. The Premises demised is situated at new door No. 250, Thambu Chetty Street, Madras. The agreed rent was Rs. 8,000/-per month. The landlord claimed for fixation of fair rent at Rs. 3,760 per month. The tenant would not adhere to the agreed rent and would say that the fair rent only comes to Rs. 1,350. The Controller fixed the fair rent at Rs. 2,337/- per month. Both the landlord and tenant appealed and the Appellate Authority found no warrant to differ from the decision of the Controller and dismissed both the Appeals. Thus, the landlord and the tenant are obliged to prefer these Revisions.

2. The first aspect canvassed both by the learned Advocate General appearing for the landlord and the learned Counsel appearing for the tenant related to the land value. Learned Advocate General appearing for the landlord would submit that as per Ex.P-4 the valuation done by


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