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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
J.Srinivasan – Appellant
Versus
Venkata Ramanujam Chetty Charities, Represented by its Trustees – Respondent
ORDER :
P.B. BALAJI, J.
The tenant who suffered an order of fixation of fair rent before the Rent Controller which was confirmed by the Appellate Authority is the revision petitioner.
2. The RCOP No.925 of 2013 was filed before XV Judge, Small Causes Court, Chennai by the respondents as against the revision petitioner and his brother, Mr.J.Baskar under Section 4 of the Tamil Nadu Buildings (Lease and Rent) Control Act, 18/60, as amended by Act -23 of 1973 (in short 'Act').
3. The case of the respondents/landlords was that the petitioner and his brother are not paying rent consumerate the market rents in the locality and therefore, fair rent had to be fixed for the respondents/landlords' building. Before the Rent Controller, an Engineer was examined on the side of the respondents landlord as P.W.1 and Exhibits P1 to P4 were marked. Neither the petitioner nor his brother chose to cross examine P.W.1 and based upon the pleadings and evidence on record, the Rent Controller fixed the fair rent at Rs.1,37,238/- per month. The brother of the petitioner did not choose to challenge the order of the Rent Controller fixing the fair rent. However, the revision petitioner herein preferred RCA. No.
Legal heirs of a deceased tenant retain obligations under tenant laws, despite contesting the tenancy relationship; fair rent can be fixed for the property regardless of tenant status.
The court affirmed that landlords can seek fixation of fair rent under statutory law even during the existence of a long-term lease agreement.
The main legal point established in the judgment is that tenants cannot deny the status of a landlord based on the agreed rent and must provide satisfactory evidence to support their claims.
While making fixation rent of a building procedure prescribed has to be followed.
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