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2003 Supreme(Mad) 1150

PRABHA SRIDEVAN
S. Parameshwaran Pillai – Appellant
Versus
The Deputy General Manager, Tele Communication, Trichy and others – Respondent


Advocates:
P.Velliappan, for M/s.Sarvabhauman Associates, for Petitioner.
A.Kalaiselvan, for Respondents.

ORDER: The landlord is the revision petitioner. He filed an application in R.C.O.P. No.158 of 1991 before the Rent Controller, Trichy, for fixation of fair rent. The Rent Controller passed an order fixing the fair rent at Rs.15,000. Against that, an appeal was filed. The learned Principal Subordinate Judge, Tiruchirappalli (Appellate Authority) remanded the matter on the ground that there is no explanation in the Rent Controller’s order as to why the market value was fixed at Rs.584.80 per sq.ft. The Appellate Authority also found that the Rent Controller ought to have fixed the fair rent after assessing the value of the amenities and the depreciation value of the site separately and there cannot be a rolled up assessment of the rent without giving the details of the value fixed under each heading as required under the Act. It is against this order of assessment that the present revision has been filed.

2. Learned counsel for the petitioner relies on the judgment in N.Bacherlal v. S. Subhash Chandra Bose, (2002)3 M.L.J. 500, where the order of the Appellate Authority remanding the matter was set aside directing the Rent Control Appellate Authority to decide the matter afresh and in



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