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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 - Section 25, 4, 10(2)(ii)(b) and 10(3)(a)(i) - Premises – Tenant – Rent – Eviction - Tenant that rent was rent was fixed - Tenant is one of members of landlord - Building is surrounded by slum dwelling houses - Landlord is a charitable institution and was constructed for charitable purpose and therefore, rent mandapam is very less than other mandapams located in area - There is political influence and therefore, it is very hard to run - Landlord has been instituting various proceedings before the Rent Controller and before Civil Court only to harass tenant, with a view to evict him - It is claimed by landlord that rent is fixed for building and for vessels - Therefore, Rent Control Court is not a competent court to entertain RCOP Petition - Calculation given in petition is inflated to make an artificial increase in fair rent - There is no merits in petition - Whether eviction petitions can be maintained under Tamil Nadu Buildings (Lease and Rent) Control Act – Held, Court is of considered view that learned Rent Control Appellate Authority has rightly decided that proceedings initiated by landlord under Tamil Nadu Buildings (Lease and Rent) Control Act cannot be maintained for reason that lease involved is a composite lease - Though issue was not considered by learned Rent Control Appellate Authority in RCA No., as said above, issue can be raised in Civil Revision Petition, and raised now - Therefore, proceedings initiated by filing RCOP No. should also fail - Learned Rent Control Appellate Authority has rightly found in RCA Nos. that Tamil Nadu Buildings (Lease and Rent) Control Act is not applicable to tenanted premises and therefore, Rent Control Original Petitions in RCOP Nos.2500 of 2012 and 595 of 2013 have to be dismissed - This same proposition applies to proceedings initiated - In view of fact that Rent Control Act is not applicable to tenanted premises, it is not necessary to take up second point for consideration - Therefore, judgment of learned Rent Control Appellate Authority in RCA No.669 of 2017 is set aside and RCOP No.1602 of 2015 is 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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