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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Punjab & Sind Bank, Chennai – Appellant
Versus
Dewa Properties Limited – Respondent
| Table of Content |
|---|
| 1. details of lease agreement and rent payment. (Para 3 , 4 , 5) |
| 2. petitioner's stance on fixed rent contract. (Para 10 , 11) |
| 3. respondent's argument on fair rent jurisdiction. (Para 14 , 15) |
| 4. jurisdiction of rent controller under act. (Para 18 , 22) |
| 5. court's ruling on fair rent determination. (Para 24 , 26) |
ORDER :
1. The revision petitioner Bank, aggrieved by the order fixing fair rent under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act (Act 18 of 1960) (in short 'Act') and confirmed by the Appellate Authority has filed the instant revision petitions.
2. I have heard Mr.V.Raghavachari, learned Senior Counsel, assisted by Mr.M.Arun Kumar for M/s.Sampath Kumar Associates, learned counsel for the petitioner/tenant and Mr.Roshan Balasubramanian, learned counsel for the respondent/landlord.
3. The brief case of the respondent as landlord before the Rent Controller is as follows:
The respondent owned land of an extent of 27,131 sq.ft, together with building constructed upon the said land. The petitioner Bank is a lessee who was supposed to enter into a 99-year lease agreement. According to the respondent, the petitioner Bank was liable to pay an annual
The court affirmed that landlords can seek fixation of fair rent under statutory law even during the existence of a long-term lease agreement.
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 main legal point established is the correct assessment of fair rent under Section 4 of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960.
The court reaffirmed that fair rent determined by Rent Control Courts must reflect current market conditions, considering economic factors and evidence of comparable properties.
While making fixation rent of a building procedure prescribed has to be followed.
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