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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Principal Secretary cum Commissioner Archeology Department – Appellant
Versus
V. Vijyalakshmi – Respondent
| Table of Content |
|---|
| 1. arguments presented by both parties (Para 9 , 10) |
| 2. application of estoppel in lease agreements (Para 12 , 12) |
| 3. final order and payment terms (Para 13) |
JUDGMENT :
P.B. BALAJI, J.
1. The defendants in the suit, challenging the judgment and decree in O.S.No.7457 of 2019 on the file of the 17th Additional District and Sessions Judge, Chennai, are the appellants herein.
2. Pleadings:
The Plaint in brief:
2.1. The plaintiff is the owner of the suit property. The building consists of ground floor and first floor. The ground floor was offered for lease to the defendants 2 to 4, by the plaintiff on 30.12.1997, on a rent of Rs.20,000/- per month. The first defendant vide reply dated 06.01.1998 accepted the offer, on certain basic terms and conditions. The building was occupied on 14.01.1998 with the plaintiff’s consent. The defendants 2 to 4 requested the plaintiff to accept the condition that the fair rent fixed by the Public Works Department would be agreeable to the plaintiff. The plaintiff accepted to the said request, by letter dated 25.06.1998. The Public Works Department, Coimbatore, fixed the rent for three portions by proceedings dated 30.07.1998, at Rs.4,000/-, Rs.6,
Lease agreements govern the terms of rent adjustments over statutory provisions unless explicitly limited by the agreements themselves.
when a suit is filed for eviction of a tenant for being a defaulter in payment of rent, can the tenant thereafter file an application for fixation of rent.
A party cannot seek relief while simultaneously disobeying court orders, and the government has the authority to fix lease amounts based on prevailing market values.
Writ jurisdiction can address contractual disputes involving the State if no serious factual disputes exist, ensuring the State honors its obligations.
The court affirmed that landlords can seek fixation of fair rent under statutory law even during the existence of a long-term lease agreement.
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