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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. CHANDRASEKHARAN, J.
P. Kasirajan & Another – Appellant
Versus
Chennai Otteri Vattara Nadar Sangam, Represented by its Secretary S.P. Mariappan & Another – Respondent
C.R.P.(NPD) Nos. 509, 3744, 3747, 3748 of 2019 & C.M.P. No. 3327 of 2019
Decided on : 28-09-2021
Tamil Nadu Buildings (Lease and Rent) Control Act - Composite Lease - Section 30(iii) exemption - The lease involved in this case is a composite lease covering the building, vessels, and other articles. The proceedings initiated by the landlord under Tamil Nadu Buildings (Lease and Rent) Control Act cannot be maintained. The Rent Control Act is not applicable to the tenanted premises.
Fact of the Case:
The landlord filed petitions for fixing fair rent and eviction on the ground of owner's occupation. The tenant contested the petitions, claiming that the lease was a composite lease and the landlord Sangam was exempted from the Act. The Rent Controller allowed the fair rent petition and ordered eviction. The tenant appealed, and the Rent Control Appellate Authority found the lease to be a composite lease and dismissed the petitions.
Finding of the Court:
The court found that the lease involved was a composite lease, exempted under Section 30(iii) of the Act. The proceedings initiated by the landlord under the Rent Control Act were deemed not maintainable.
Issues: The main issues were whether the lease was a composite lease and if the Rent Control Act was applicable to the tenanted premises.
Ratio Decidendi: The court held that the lease was a composite lease covering the building, vessels, and other articles, and therefore, the Rent Control Act was not applicable to the tenanted premises.
Final Decision: The judgment of the Rent Control Appellate Authority in favor of the tenant was upheld, and the petitions filed by the landlord were dismissed.
JUDGMENT :
(Prayer: C.R.P.(NPD) No.509 of 2019 is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent) Control Act to set aside the Judgment and Decree dated 27.11.2018 made in RCA No.669 of 2017 by the learned VIII Judge/Rent Control Appellate Authority, Court of Small Causes, Chennai confirming the Fair and Decreetal order dated 05.09.2017 in RCOP No.1602 of 2015 on the file of the XI Judge/Rent Controller, Court of Small Causes, Chennai.
C.R.P.(NPD) No.3744 of 2019 is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent) Control Act to set aside the Judgment and Decree dated 24.04.2019 made in RCA No.259 of 2015 by the learned VII Judge/Rent Control Appellate Authority, Court of Small Causes, Chennai reversing the Fair and Decreetal order dated 06.04.2015 in RCOP No.595 of 2013 on the file of the XV Judge/Rent Controller, Court of Small Causes, Chennai.
C.R.P.(NPD) No.3747 of 2019 is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent) Control Act to set aside the Judgment and Decree dated 24.04.2019 made in RCA No.257 of 2015 by the learned VII Judge/Rent Control Appellate Authority, Court of Small Causes, Chennai reversing the Fair and Decreetal order dated 20.03.2015 in RCOP No.2500 of 2012 on the file of the X Judge/Rent Controller, Court of Small Causes, Chennai.
C.R.P.(NPD) No.3748 of 2019 is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent) Control Act to set aside the Judgment and Decree dated 24.04.2019 made in RCA No.258 of 2015 by the learned VII Judge/Rent Control Appellate Authority, Court of Small Causes, Chennai reversing the Fair and Decreetal order dated 20.03.2015 in RCOP No.2500 of 2012 on the file of the X Judge/Rent Controller, Court of Small Causes, Chennai.)
1. C.R.P.(PD) No.509 of 2019 was filed by tenant against the judgment passed in RCA No.669 of 2017 confirming the order passed in RCOP No.1602 of 2015 on the file of the XI Judge/Rent Controller, Court of Small Causes, Chennai.
2. C.R.P.(PD) No.3744 of 2019 was filed by landlord against the judgment passed in RCA No.259 of 2015 reversing the order passed by the learned Rent Controller in RCOP No.595 of 2013 on the file of the XV Judge/Rent Controller, Court of Small Causes, Chennai.
3. C.R.P.(PD) Nos.3747 and 3748 of 2019 have been filed by landlord against the judgments passed in RCA Nos.257 of 2015 and 258 of 2015 respectively reversing the order passed in RCOP No.2500 of 2012 on the file of the X Judge/Rent Controller, Court of Small Causes, Chennai.
4. The landlord filed RCOP No.2500 of 2012 against the tenant under Section 4 of Tamil Nadu Buildings (Lease and Rent) Control Act for fixing fair rent to the tenanted premises. The tenanted premises situate in Door No.9, Thiru.Vi.Ka Street, Otteri, Chennai. This premises was let out to the tenant for the purpose of running Thirumana Maligai for the benefit of members of their society, namely, Chennai Otteri Vattara Nadar Sangam. This premises situates in important location surrounded by marriage halls, cinema theatres, multi-storied buildings, churches, hotels, nursing homes, bus stops and other commercial establishments. The land value costs not less that Rs.80,00,000/- per ground. The present rent paid at Rs.21,000/- is very low compared to the market value of the rental value. The fair rent comes to Rs.98,400/- per month and therefore, this petition was filed.
5. The tenant denied the averments made in the petition. It is the case of the tenant that the rent was Rs.21,000/- per month till 2013 and from 2013 to 2016, the rent was fixed at Rs.23,000/-. The tenant is one of the members of the landlord Sangam. The building is surrounded by slum dwelling houses. The landlord is a charitable institution and the mandapam was constructed for the charitable purpose and therefore, the rent for the thirumana mandapam is very less than other mandapams located in the area. There is political influence and therefore, it is very hard to run the mandapam. Th
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