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2008 Supreme(Mad) 4703

V.RAMASUBRAMANIAN
Sha Poosaji Mangilal – Appellant
Versus
The South Indian Humanitarian League, represented by its Secretary – Respondent


Advocates Appeared:
For the Petitioner:T.V. Ramanujun, Sr. Counsel, T.V. Krishnamachari, Advocates.
For the Respondent:S. Parthasarathy, Sr. Counsel, A. Thyagarajan, Advocates.

Judgment :-

Common Order:

1. The respondent/landlord filed a petition in RCOP No.1745 of 2003 on the file of the Rent Controller, Chennai, under Section 4 of The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, seeking fixation of fair rent in respect of the building in the occupation of the petitioner/tenant. By an order dated 30.4.2004, the Rent Controller fixed the fair rent at Rs.38,693/- per month.

2. Contending that the fair rent fixed by the Rent Controller was low, the respondent/landlord filed RCA No.812 of 2004. Similarly, the petitioner/tenant filed RCA No.1577 of 2004. Both the appeals were taken up together and by a common judgment dated 19. 2005, the Appellate Authority dismissed the tenants appeal and allowed the landlords appeal enhancing the fair rent to Rs.53,190/-. Aggrieved by the said decision, the tenant has come up with the present civil revision petitions.

3. I have heard Mr. T.V. Ramanujun, learned Senior Counsel for the petitioner/tenant and Mr.S.Parthasarathy, learned Senior Counsel for the respondent/landlord.

4. At the outset, Mr. T.V. Ramanujun, learned Senior Counsel appearing for the petitioner/tenant, raised the question of maintainability


























































































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