C.R.P.(NPD)Nos.4179 & 4267 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

C.R.P.(NPD)Nos.4179 & 4267 of 2018

and C.M.P.No.23393 of 2018

C.R.P.(NPD).No.4179 of 2018

1. J.A.Rahman (died)

2. Jalal Tajunissa Begum

3. Jalal Mohammed Ibrahim

4. Jalal Mubeenur Rahman

Petitioners 2 to 4 brought

on record as LRs of the

deceased sole petitioner

Viz., J.A.Rahman vide

Order dated 20.07.2021 in

C.M.P.No.10004 of 2020

in CRP.No.4179 of 2018

... Petitioners

Vs.

Central Bank of India,

Rep by its Senior Manager,

Royapettah Branch,

No.220, Ground Floor,

Peters Road, Royapettah,

Chennai – 600 014.

... Respondent

Prayer:- Civil Revision Petition is filed under Section 25 of the

Tamilnadu Building (Lease & Rent) Control Act, 1960, to set aside the

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C.R.P.(NPD)Nos.4179 & 4267 of 2018

order dated 03.09.2018 passed in R.C.A.No.55 of 2017, on the file of the

VIII Small Causes Court at Chennai, modifying the order dated

16.12.2016 passed in R.C.O.P.No.887 of 2015 on the file of the XII

Small Causes Court, Chennai, thereby enhancing the fair rent from

92,000/- to Rs.1,59,288/- as claimed.

For Petitioners

: Mr.S.Rajendra Kumar

For Respondent

: Mr.C.Nithysh Sekhar

C.R.P.(NPD).No.4267 of 2018

Central Bank of India,

Rep by its Senior Manager,

Now rep. by its Chief Manager,

Royapettah Branch,

No.220, Ground Floor,

Peters Road, Royapettah,

Chennai – 600 014.

... Petitioner

Vs.

1. J.A.Rahman (died)

2. Jalal Tajunissa Begum

3. Jalal Mohammed Ibrahim

4. Jalal Mubeenur Rahman

Respondents 2 to 4 brought

on record as LRs of the

deceased sole respondent

Viz., J.A.Rahman vide

Order dated 20.07.2021 in

C.M.P.No.9792 of 2021

in CRP.No.4267 of 2018

... Respondents

Prayer:- Civil Revision Petition is filed under Section 25 of the

Tamilnadu Building (Lease & Rent) Control Act, 1960, to set aside the

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C.R.P.(NPD)Nos.4179 & 4267 of 2018

decree and judgment dated 03.09.2018 passed in R.C.A.No.55 of 2017,

on the file of the learned VII Judge, (Rent Control Appellate Authority)

Small Causes Court at Chennai and confirming the order dated

16.12.2016 passed in R.C.O.P.No.887 of 2015 on the file of the learned

XII Judge (Rent Controller), Small Causes Court, Chennai.

For Petitioner

: Mr.C.Nithysh Sekhar

For Respondents

: Mr.S.Rajendra Kumar

COMMON ORDER

Both the Civil Revision Petitions have been filed as against the

decree and judgment dated 03.09.2018 passed by the learned VII Judge,

Small Causes Court at Chennai, (herein after called as “Rent Control

Appellate Authority”) in R.C.A.No.55 of 2017, thereby enhanced the fair

rent fixed by the learned XII Judge, Small Causes Court, Chennai,

(herein after called as “Rent Controller”) by an order dated 16.12.2016 in

R.C.O.P.No.887 of 2015, thereby fixing the fair rent for the petition

premises.

2.

The Civil Revision Petition in C.R.P.No.4179 of 2018 has

been filed by the landlord for further enhancement of the fair rent fixed

by the learned Rent Control Appellate Authority. The another Civil

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C.R.P.(NPD)Nos.4179 & 4267 of 2018

Revision Petition in C.R.P.No.4267 of 2018 has been filed by the tenant

challenging the fair rent fixed by the learned Rent Controller and also

enhanced rent by the learned Rent Control Appellate Authority.

3.

The case of the landlord is that he is the owner of the

petition premises and the tenant has been inducted as tenant in the

petition premises for the monthly rent of Rs.38,000/-. The purpose of the

tenancy is commercial and the petition premises is located in the prime

busy locality of the City of Chennai. The total extent of the premises is

1930 sq.ft of the built up area and also using the vacant space for the

purpose of parking