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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 :
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.
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 rent of Rs.4,71,000/- to the respondent. It is also the case of the respondent that the Bank had paid Rs.46,50,000/-, which carries interest at 10% per annum. The premises is situated in a commercial location in the City and the premises itself is a premier commercial complex where the land value is approximately 2 crores per ground. Hence, the res
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.
While making fixation rent of a building procedure prescribed has to be followed.
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