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1994 Supreme(Mad) 237

SRINIVASAN
S. A. S. Rahmath Nisha Begum – Appellant
Versus
S. Vijayakumar – Respondent


Advocates Appeared:
For the Petitioner:M.M. Abdul Razak, Advocate,
For the Respondent:V. Subramanian for D. Durai Solai Malai, Advocate.

Judgment :-

1. These two revisions arise out of an application filed by the petitioner in CRP. No. 4845 of 1987, who is referred to herein as, “landlady” for fixation of their rent, under S. 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960, as amended by Act 23 of 1973, hereinafter referred to as the Act.

2. The agreed rent was Rs. 225/- per mensem. The landlady claimed a sum of Rs. 750/- as fair rent and filed a petition. The tenant opposed the same. The Rent Controller fixed the rent at Rs. 396/- per mensem. On appeal by both parties, the rent was increased to Rs. 514/- per mensem by the appellate authority. These two revisions before me are filed by the landlady and the tenant, as both are aggrieved.

3. The property is situate in Triplicane High Road, now known as Quaid-e-millath Salai. It is a non-residential building of an extent of 702 sq. ft. The landlady disputes the findings of the authorities below, on four matters: (1) value of the land (2) age of the building (3) value of amenities and (4) cost of construction. I will deal with them, one by one.

4. Regarding the value of the land, the claim of the landlady is that the market rate of lands in the area is Rs.














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