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 accordance with law.

3. Sec.23(3) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 gives the Appellate Authority the power to decide the entire matter afresh and therefore, the Appellate Authority could have either called for the findings from the Rent Controller or on the basis of the documents available before him, assessed the fair rent in accordance with law. In the decision referred to above, the learned Judge has referred to other decisions of this Court where it has been held that the Rent Control Appellate Authority has no such power of remand. In this view of the matter, the order of the Rent Controller is set aside and the Rent Control Appellate Authority shall decide the matter afresh and in accordance with law and fix the fair rent as required under the Act. Time for disposal of the appeal is three months from the date of receipt of this order. The revision is disposed of accordingly. No costs. Consequently, connected C.M.P. is closed.

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