JUDGMENT :

(Prayer: Civil Revision Petition has been filed under Section 25 of the Tamil Nadu Buildings [Lease and Rent Control] Act, 1960, to set aside the judgment and decree in R.C.A.No.5 of 2015 dated 03.01.2019 on the file of the learned Principal Subordinate Judge, Chengalpattu, confirming the order and decreetal order in R.C.O.P.No.2 of 2013 dated 18.08.2015 on the file of the learned Rent Controller/District Munsif, Chengalpattu.)

1. This Civil Revision Petition is filed challenging the judgment and decree of the learned Rent Control Appellate Authority/Principal Subordinate Judge, Chengalpattu in R.C.A.No.5 of 2015, confirming the order of the learned Rent Controller/District Munsif, Chengalpattu in R.C.O.P.No.2 of 2013.

2. The tenant has preferred this Civil Revision Petition. The landlord has preferred R.C.O.P.No.2 of 2013 under Section 4[1] and [2] of the Tamil Nadu Buildings [Lease and Rent Control] Act.

3. The case of the respondent/landlord, in brief, is as follows;

3.1. The respondent is the owner of the premises measuring an extent of 3168 sq.ft. together with 1321 sq.ft. of built up area, bearing Door No.9, MIG-31, Vallal Ori Street-1, NH-1, Maraimalai Nagar - 603 209, Chengalpattu Taluk, Kancheepuram District. The present monthly rent for the premises was Rs.4,100/-. The demised premises situated in the heart of Maraimalai Nagar Municipal Town, surrounded by G.S.T. Road, Railway line running from Chennai to Southern District of Tamil Nadu, Mahindra World City one of the largest Special Economic Zones. There are many Industrial areas, in which, Multinational Companies, such as, Ford, B.M.W., I.T.Nagar, S.R.M. University, situate within the demised premises. The present rent paid at Rs.4,100/- is very low. The prevailing fair rent would be Rs.39,244/- per month, in that locality. The respondent valued the demises premises with the assistance of Civil Engineer and he has given Report stating that, the fair rent for the demised premises comes to Rs.33,000/- per month. Therefore, this petition.

4. The petitioner denied the claim made by the respondent with regard to the location of the building, the facilities available and claim that, the demised premises, is in the remote and undeveloped corner of Maraimalai Nagar and it is a very old building. The Engineers Report has given blotting up the value of the demised premises. The value adopted for arriving at the fair rent, is not correct. The petitioner paid an advance of Rs.25,000/-. He dug out a borewell and installed a jet motor to get water supply to the premises. The expenses incurred was deducted from the rent paid. The building was constructed in 1991. At the time of occupation by the petitioner, it was 14 years old building, with mosaic floor. The premises was not habitable. The petitioner spent Rs.70,000/- for repairing works, polishing mosaic floors and whitewashing. Only then, it has become habitable. The respondent is liable to reimburse a sum of Rs.70,000/- spent on repairing and other works. The rent paid now is reasonable and there is no need to fix the fair rent.

5. During enquiry before the learned Rent Controller, P.W.1 and P.W.2 were examined, on the side of the respondent. R.W.1 was examined on the side of the petitioner. Ex.P.1 to Ex.P.3 were marked on the side of the respondent and Ex.R.1 to Ex.R.10 were marked on the side of the petitioner. On considering the documents perused and the rival submissions, the learned Rent Controller fixed the fair rent at Rs.33,000/- per month. The tenant has preferred R.C.A.No.5 of 2015.

6. In the appeal, the respondent filed I.A.No.44 of 2018 for production of additional documents. The learned Rent Control Appellate Authority, considered the petition to receive the additional documents and also the rival submissions on fixation of fair rent by the learned Rent Controller and concluded that, the fair rent fixed by the learned Rent Controller at Rs.33,000/- per month, is correct and does not warrant any interference. T