ORDER :

This Civil Revision Petition has been filed by the petitioner, against the order dated 25.09.2013 in RCA No.296 of 2010 on the file of the VIII Court of Small Causes at Chennai, modifying the order dated 28.08.2009 in RCOP No.800 of 2007 passed by the learned XI Judge, Small Causes Court, Chennai.

2. The brief facts which led to the filing of the present Revision Petition, can be stated as under:

2.1. The appellant herein is the tenant and the respondents are the landlords of the premises situated at Old No.501, New No.626, Anna Salai, JVL Plaza, Teynampet, Chennai-10. The appellant was inducted as a tenant on a monthly rent of Rs.28,217.20 per month. The purpose of tenancy is non-residential. According to the respondents/landlords, the rent being paid by the appellant is very low when compared to the locational advantages available at the demised premises. The entire building consists of six floors, while the appellant occupied a part portion of North-Western Corner of first floor facing south and a common passage cum staircase and the entire campus faces east and Anna Salai which is the most commercial heartland of Teynampet and surrounded by many commercial establishments, fall within a radius of 1 k.m. and the value is not less than 2.5 Crores per ground. The age of the building is about 17-18 years and it is a type I, Class-A structure apart from being a special nature of architectural features and provided with all basic amenities. Therefore, feeling aggrieved by the payment of low rent by the tenant, the respondents/landlords moved a petition under Section 4 of the Tamil Nadu Buildings (Lease & Rent Control), Act (in short, 'the Act'), seeking for fixation of fair rent at Rs.1,23,054/-.

3. Resisting the petition, the appellant/tenant has filed a counter, wherein, while denying the averments of the petition, inter alia, it is stated that the tenanted premises are situated on the rear side of Annal Salai where there is another building was located in front of the same. There is no direct or exclusive access to the building from Anna Salai and there is no proper parking facility also. The fair rent claimed by the respondents/landlords is highly imaginary without any legally acceptable basis and the calculation made is highly inflated and contrary to the prevailing market price. According to the appellant/tenant, the actual rent being paid by him was far above the fair rent and hence, a sum of Rs.35,332/- is liable to be fixed as fair rent and the fair rent claimed by the respondents/landlords is highly usurious and cannot be sustained. With these averments, the appellant/tenant sought for dismissal of the petition.

4. Before the Rent Controller, on behalf of the respondents/landlords, PW.1 was examined and Exs.P1 to P4 were marked, while on behalf of the appellant/tenant, RW.1 was examined and Exs.R1 and R2 were marked.

5. On consideration of the entire facts and circumstances coupled with the evidence both oral and documentary, the Rent Controller has arrived at a conclusion that it is appropriate to fix at a sum of Rs.93,924/- as fair rent and since the appellant/respondent has admittedly, vacated the premises on 31.03.2009, the appellant/tenant was directed to pay the fair rent at Rs.93,924/- per month from the date of filing of the petition, i.e. 09.04.2007 till the date on which the respondent/tenant vacated the premises, i.e. 31.03.2009. Feeling aggrieved that very low fair rent was fixed, the respondents/landlords preferred an appeal in RCA No.36 of 2010, while as it was fixed very excessive, the appellant/tenant has preferred an appeal in RCA No.296 of 2010 before the Rent Control Appellate Authority.

6. On appreciation of the findings of the Rent Controller vis-avis the grounds raised by the parties in support of their appeals, the Rent Control Appellate Authority, vide common judgement, dated 25.09.2013 has