C.R.P.Nos.3182 of 2019 & CRP.No.2633 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 13.06.2023

Pronounced on : 19.06.2023

CORAM : JUSTICE N.SESHASAYEE

C.R.P.Nos.3182 of 2019 & CRP.No.2633 of 2022

CRP.No.3182 of 2019 :

V.Sakthi Manohari

.. Petitioner / Petitioner / Respondent

Vs

Tejraj Jain (Died)

1.Pushpa Devi (Died)

2.Pushpa Devi

3.Prakashchand Jain

4.R.Amit Kumar Jain

5.R.Gourav Kumar Jain

6.R.Vishal Kumar Jain

.. Respondents / Appellants / Respondents

[1st respondent died. Respondents 2 to 6 who are already

on record are LRs of the deceased respondent-1 viz.,

Pushpa Devi as per the memo dated 01.06.2023 and

vide Court order dated 02.06.2023 made in

CRP.No.3182 of 2019 and CRP.No.2633/2022]

Prayer in CRP.No.3182 of 2019: Civil Revision Petition filed under Section

25 of the Tamil Nadu Building (Lease and Rent Control) Act, 1960 praying

to enhance the fair rent for the portion premises by modifying the order

passed in RCA.No.600 of 2015 dated 17.12.2018 on the file of the IX Court

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C.R.P.Nos.3182 of 2019 & CRP.No.2633 of 2022

of Small Causes at Chennai confirming the order dated 31.07.2015 passed

in RCOP.No.364 of 2006 on the file of XI Small Causes Court, Chennai.

CRP.No.2633 of 2022 :

Tejraj Jain (Deceased)

Pushpa Devi (Deceased)

1.Pushpa Devi

2.Prakashchand Jain

3.R.Amitkumar Jain

4.R.Gourav Kumar Jain

5.R.Vishal Kumar Jain

[Cause title accepted vide Court order dated 29.07.2022 made

in CMP.No.12321/2022 in CRP.SR.No.37736/2019]

Prayer in CRP.No.2633 of 2022: Civil Revision Petition filed under Section

25 of the Tamil Nadu Building (Lease and Rent Control) Act, Act 18 of

1960 as amended by Act 23 of 1973 ad Act 1 of 1980, praying to set aside

the judgment and decree dated 17.12.2018 passed by the learned IX Judge,

Rent Controller Appellate Authority, Small Causes Court, Chennai in

RCA.No.600 of 2015 and confirming the judgment and decree dated

31.07.2015 passed by the learned XI Judge, Rent Controller, Small Causes

Court, Chennai in RCOP.No.364/2006 and allow the CRP.

CRP.No.3182 of 2019 :

For Petitioner

: Mr.S.S.Rajesh

For Respondents : Mr.N.Gyanchand Jain

[R2 to R6]

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C.R.P.Nos.3182 of 2019 & CRP.No.2633 of 2022

CRP.No.2633 of 2022 :

For Petitioners : Mr.N.Gyanchand Jain

For Respondent

: Mr.S.S.Rajesh

COMMON ORDER

These two revisions were filed under Section 25 of the Tamil Nadu Building

(Lease and Rent Control) Act, 1960, challenging the order passed by the

Rent Control Appellate Authority in RCA.No.600 of 2015 arising out of a

proceedings for fixation of fair rent in RCOP.No.364 of 2006 under Sec. 4 of

the Act. Parties would be referred to by their rank before the trial Court.

2.The respondents before the Rent Controller are the tenants of a building

which according to the landlady measures 615 sq.ft. It is located in a prime

locality of the city at Plot No.4904, II Avenue, Anna Nagar, Chennai - 600

040. The original rent that was being paid at the time when the proceedings

for fixation of fair rent was instituted was Rs.4,620/- p.m. The landlady

laid RCOP.No.364/2006 claiming that the building in question will fetch a

fair rent of Rs.31,442/-. According to the landlady, the building has two

portions, and the one in the front was 17 years old and the one at the rear

was 25 years old when the petition was laid.

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C.R.P.Nos.3182 of 2019 & CRP.No.2633 of 2022

3. The tenants have filed their counter denying the entire allegation of the

landlady as regards the constructed area, the extent of the land (though

without providing what according to them was the correct information).

They pleaded that the age of the building was more than 28 years, and that

the land value of the property would be now more than Rs.28.0 lakhs per

ground, or about Rs.1,166/- per