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1967 Supreme(Mad) 67

T.RAMAPRASADA RAO
S. Attendrooloo Chetty’s Charities by its president and trustees, S. Venkatarangam – Appellant
Versus
M/s. Sadhana Aushadalaya by its proprietor Naresh Chandra Ghose – Respondent


Advocates:
P. Venkataswamy, S. Gopal, C. Sudarasana Srinivasan, V. M. Sadasivam and P. S. Ramachandra Ayyar, for Petitioners.
M.R. Kini and C. P. Venugopal, for Respondent.

Order.—

The landlords in the former case and the landlady in the latter case are the petitioners, being dissatisfied with the order of the appellate authority under the Madras Buildings (Lease and Rent Control) Act, 1960, hereinafter called the Act, in the matter of the fixation of fair rent for the portions in the occupation of their respective tenants, have come up to this Court to revise the order of the appellate authority.

In C.R.P. No. 551 of 1965, the petitioners are the Board of Trustees in management of S. Attendrooloo Chetti’s Charities. The tenant is Sadhana Aushadhalaya, occupying the ground floor of premises No. 17-A, Broadway, Madras. The landlord filed an application under section 4 of the Act for fixation of fair rent for the portion in its occupation which consists of an office hall and a bathroom-cum-dressing room with other amenities therein. The Rent Controller fixed the rent at Rs. 300. The appeal by the landlords was dismissed by the appellate authority. The landlords having come up in revision, have rested their contentions on the following two grounds: (1) the apportionment of the value of the site between the first and the second floors of the building is not























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