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1999 Supreme(Mad) 825

S.S.SUBRAMANI
D. V. Ramana @ Venkataramana Bhat – Appellant
Versus
P. S. Rathina Bai – Respondent


Advocates Appeared:
For the Petitioner:S.D. Balaji, Advocate.
For the Respondent: ---------.

Judgment :-

1. Tenant in RCOP 1971 of 1988 on the file of Court of Small Causes, Madras is the petitioner herein.

2. The petition was filed for fixation of fair rent. Trial Court fixed fair rent as Rs. 965/-. Aggrieved by the order, tenant preferred RCA 659 of 1994 on the file of Appellate Authority. After hearing both sides, Appellate Authority fixed the fair rent at Rs. 1120/-. It is against the said order the revision petition is filed.

3. Only point that is argued by learned counsel for petitioner is whether in the appeal filed by the tenant challenging the fixation of fair rent, Appellate Authority is justified in enhancing the fair rent?

4. I heard the learned counsel for petitioner.

5. In 1974 (1) S.C.C. 424 ( Raval and Co. v. K.G. Ramachandran ), their Lordships considered the provisions of Tamil Nadu Buildings (Rent and Lease Control) Act, regarding fixation of fair rent. In para 19 of the judgment their Lordships approved the Full Bench of this Court and held thus,

“The Madras High Court reviewed all the decisions of this Court except the latest one in Manujendra v. Purendu Prasad (supra). We have already pointed out that the criticism made in that decision regarding Krish











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