Term "monthly rent" given in Section 30 can not be used in any special case.

‘This appeal is directed against the order of our learned brother Srinivasan, J., under Article 226 of the Constitution, prohibiting the Chief Rent Controller, Madras, from his further proceeding with H.R.C. No. 2942 of 1963 filed by the appellant herein for fixation of fair rent under the Madras Buildings (Lease and Rent Control) Act, Act XVIII of 1960. The appellants (hereafter referred to as the landlord) became owners of the premises, now bearing door numbers 16 and 17, Poonamallee High Road, in the City, under a registered sale deed dated 25th February, 1962. The 1st respondent herein, M/s. Raval & Co., (hereinafter referred to as the tenant) has been lessee of the premises from 20th December, 1935 and the application for the fixation of fair rent under the said Act was filed by the landlord on the 19th of July, 1963. Section 30 (iii) of the Madras Buildings (Lease and Rent Control) Act, (XVIII of 1960), as amended by Madras Act II of 1962 (hereinafter referred to as the Rent Act) which received the assent of the President on 26th June, 1962, exempted from all the provisions of the Act any non-residential building or part thereof occupied by a tenant "if the monthly rent paid by him in respect of the building or part exceeded Rs. 400. This exemption was later removed by Madras Act (XI of 1964) which received the assent of the President on 5th June, 1964. The tenancy under consideration here is admittedly of a non-residential building. The fair rent application which was filed during the period when there was a ceiling on the rent, above which, the Act was inapplicable to the tenancy, was laid on the basis that the rent reserved for the tenancy under the instrument of tenancy is Rs. 225 and together with an additional sum of 25 per cent of the rent reserved which is paid by the tenant, the monthly rent is within Rs. 400.

The tenancy in question which is for a term, commenced under and is evidenced by a registered lease deed between the tenant and the predecessor-in-title of the appellants dated 20th December, 1935. It is necessary to set out briefly the essential terms of the lease deed. The lease deed provides that the tenancy should enure till 1st May, 1969, with an option to the lessee for renewal for a further period of 15 years. The rent fixed under the deed is Rs. 225 per month, the rent for each month being payable on or before 10th of the succeeding month. The lessee is at liberty to erect any kind of structure without any objection from the lessor. The lessee was entitled to make any additions or alterations or put up new structures, provided they intimated the lesson of the same. As regards payments to the lessor provided for in the deed, the lessee, in addition to Rs. 225 per month stipulatd as rent, has to pay annually (1) as contribution towards repairs a sum of Rs. 225 (2) a sum of Rs. 220 towards charges and taxes of a public nature payable on the demised premises to the Government or any local or municipal authority. It is made out on the evidence that, as a result of understanding between the predecessor-in-title of the present landlord and the tenant, without prejudice to whatever rights he may have the tenant agreed to pay certain amounts in excess of the payments provided for in the registered lease deed. It is seen and that is the finding of our learned brother Srinivasan, J. that as and from June, 1954, the tenant has been paying in all Rs. 5,032 annually to the lessor, made up of the following amounts:

1. Rent for an year at Rs. 225 per month. .. Rs. 2,700

2. Annual contribution towards repairs .. Rs. 225

3. Annual contribution towards taxes .. Rs. 220

4. Extra Municipal Tax .. Rs. 1,212

5. 25 per cent increase in rent .. Rs. 675

TOTAL .. ----------

Rs. 5,032

----------

The tenant challenged the maintainability of the application for the fixation of fair rent filed by the landlord and moved this Court for a writ of prohibition raising questions going to the root of the jurisdiction of the Re