ORDER :

This Civil Revision Petition is directed against the Judgment and decree dated 16.04.2018 made in R.C.A.No.1 of 2014 on the file of the Rent Control Appellate Authority/Principal Sub Judge, Vellore, varying the order and decree passed in R.C.O.P.No.7 of 2010 dated 22.11.2013 on the file of the Rent Control Authority/Principal District Munsif, Vellore, thereby fixing the fair rent for the petition premises.

2. The petitioner (herein after referred to as 'the landlord') is the landlord and the respondent is the tenant. The landlord is the absolute owner of the petition premises. The tenant is in occupation of the petition premises and it is a non-residential building. The building is aged about 60 years and it was constructed in the year 1950. The total extent of the building is 773 sq.ft. and it is situated in the busy commercial area. Even then, the respondent is paying only a meager rent and as such, the landlord filed a petition for fixing of fair rent and claimed Rs.15,000/- per month.

3. Resisting the same, the respondent filed a counter stating that the building is very old and it is in dilapidated condition. The value of the land in the said locality is Rs.125 per sq.ft and the building is not a second class building and there are absolutely no amenities proved in the building and it is a third class building. The respondent originally admitted as a tenant for the monthly rent of Rs.600/- and now the respondent is paying rent of Rs.2,700/- per month. Therefore, the landlord is not entitled for more rent in the petition premises and the present petition is nothing only to vacate the respondent from the petition premises.

4. On the side of the landlord, P.W.1 and P.W.2 were examined and seven documents were marked as Exs.P1 to P7. On the side of the tenant, D.W.1 and D.W.2 were examined and six documents were marked as Exs.R1 to R6.

5. On the basis of the pleadings and the evidence let in on either side, the learned Rent Controller fixed the fair rent at Rs.10,504/- per month payable by the respondent. Aggrieved by the same, the respondent preferred an appeal and the learned Rent Control Appellate Authority has partly allowed the appeal and fixed the fair rent at Rs.8,423/- per month payable by the respondent herein. Aggrieved by the same, the present Civil Revision Petition is filed.

6. The learned counsel for the landlord would submit that the learned Rent Controller has rightly fixed the fair rent at Rs.10,504/- and without any reason the learned Rent Control Appellate Authority reduced the same. The learned Rent Control Appellate Authority failed to adopt the guideline value of the petition premises and fixed the monthly rent, whereas, the petition premises is located in the commercial area for fixing fair rent. The learned Rent Control Appellate Authority failed to take into account, the 10% of the enhancement of the market value of the petition premises and reduced the rent fixed by the learned Rent Controller. In support of his contention, he also relied upon a judgment reported in 2011 (1) TLNJ 20 (Civil) [New Era Engineering Company rep by its partner J.S. Desai and others Vs. Ghyaz Hashim and others].

7. Heard the learned counsel for the petitioner and none appeared for the respondent.

8. The petition premises is located in the commercial area and it is rented for non residential purpose. The respondent is running a shop in the petition premises and it is measuring 773 sq.f.t. At the time of fixing of fair rent, the respondent paid rent for a sum of Rs.2,700/- per month. The landlord marked a guideline value of the petition premises in the year 2007.

9. A perusal of Ex.P7 reveals that guideline value was fixed at Rs.948 per sq.ft. in the year 2007. The learned Rent Controller fixed the fair rent in accordance with the guideline value issued by the PWD at Rs.948 per sq.ft in the year 2007 and included 10% appreciation in each year. Whereas, the learned Rent Control Appellate Authority did not take into account the