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1997 Supreme(Mad) 738

S.S.SUBRAMANI
Srinivasa Gounder – Appellant
Versus
K. Venkatesan – Respondent


Advocates Appeared:
For the Petitioner:P. Ananthakrishnan Nair, Advocate.
For the Respondent:T. Dhanyakumar, Advocate.

Judgment :-

1. Both these revision petitions arise from H.R.C.O.P.No.96 of 1992, which is a petition for fixation of fair rent. Landlord filed the same. The agreed rent was Rs.600, and the tenant is making use of the same to conduct a bar by name ‘Simla Bar’.

2. It is the case of the landlord that the premises in question is situated in Jawaharlal Nehru Street,Pondicherry, which is a big market place. It consists of a ground floor and a room in the first floor. The built-up area is 112.54 sq.metres., and the value of the building including the site will be Rs.l1,50,000. According to him, he is entitled to get the rent fixed at Rs.10,500 per month.

3. In the counter-statement filed by the tenant, he admitted the rental arrangement. According to him, most of the basic amenities are not available. Even the plinth area of the building is disputed. According to him, the claim of the landlord is very excessive, and the agreed rent is reasonable.

4. Rent Controller, as per Order dated 31.7.1995, held that the landlord is not entitled to any relief, and accordingly dismissed the petition. Rent Controller was of the view that the landlord has not proved either the value of the property, and












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