THE HIGH COURT OF JUDICATURE AT MADRAS Judgment reserved on : 06.01.2026 Judgment pronounced on : 13.02.2026 CORAM THE HON'BLE MR. JUSTICE P.B.BALAJI CRP.Nos.6094 & 4258 of 2025 Mukesh Gupta .. Petitioner in CRP.No.6094 of 2025 & Respondent in CRP.No.4258 of 2025 Vs.

M.Umar Sheriff .. Respondent in CRP.No.4258 of2025 & Petitioner in CRP.No.6094 of 2025 Prayer in CRP.No.6094 of 2025: Civil Revision Petitions filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, to set aside the order dated 15.03.2024 in RCA.No.118 of 2021 on the file of the VIII Small Causes Court, Chennai, modifying the order, reducing the fair rent fixed by the learned Rent Controller by order dated 19.03.2021 in RCOP.No.736 of 2014 on the file of the XIV Judge, Small Causes Court, Chennai.

Prayer in CRP.No.4258 of 2025: Civil Revision Petitions filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, to set aside the order dated 15.03.2024 in RCA.No.118 of 2021 on the file of the VIII Small Causes Court, Chennai, modifying the order dated 19.03.2021 in RCOP.No.736 of 2014 on the file of the XIV Judge, Small Causes Court, Chennai.

For Petitioner : Mr.Samir S.Shah for M/s.Shah & Shah in CRP.No.6094 of 2025 Mr.N.S.Amogh Sinha in CRP.No.4258 of 2025 For Respondent : Mr.N.S.Amogh Sinha in CRP.No.6094 of 2025 Mr.Samir S.Shah for M/s.Shah & Shah in CRP.No.4258 of 2025

COMMON ORDER

Both these revision petitions have been filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, (Act 18 of 1960), as amended by (Act 23 of 1973). The landlord is the revision petitioner in CRP.No. 4258 of 2025 and the tenant is the revision petitioner in CRP.No. 6094 of 2025. Both the revisions are directed against the judgment of the Appellate Authority, revising the fair rent fixed by the Rent Controller.

2.For the sake of convenience, the petitioner in CRP No. 4258 of 2025, who is the landlord is being described as the petitioner in this common order and the tenant /

respondent in CRP. No. 4258 of 2025 is referred to hereinafter as the respondent.

3.Brief facts, that would be necessary to adjudicate these revisions, are as follows: The petitioner is the owner of the property, which is a non-residential premises.

The respondent is a tenant in respect of the said property on a monthly rent of Rs.10,000/-. The petitioner has called upon the respondent to vacate even as early as in January 2011. However, the respondent has not vacated the tenanted shop. Claiming that the rent, that has been paid by the respondent, is very low and that the property is situated in a commercial hub, where the market value of land is Rs.4 crores per ground, the petitioner invoked Section 4 of the Act, seeking fixation of fair rent at Rs.1,24,791/-

per month.

4.The said application was resisted by the respondent/tenant, on the ground that the petitioner had assured that he would not disturb the respondent for 10 to 15 years. The further contention of the respondent is that the monthly rent of Rs.10,000/- is much more than the fair rent that would be worked out under Section 4 of the Act. The respondent has also set out various inconveniences and difficulties and locational disadvantages and according to the respondent, the market value of the property is only Rs.50 lakhs to Rs.70 lakhs and fair rent would not be more than Rs.5,000/- per month.

5.Before the learned Rent Controller, both the parties let in evidence, oral and documentary and the rent controller fixed the fair rent at Rs.61,648/- per month. Aggrieved by the order fixing the fair rent, the tenant preferred RCA.No.118 of 2021. The Appellate Authority, by judgment and decree dated 15.03.2024, reduced the fair rent to Rs.38,321/- per month. Dissatisfied with the judgment of the Appellate Authority, both the landlord and the tenant have preferred separate revision petitions.

6.I have heard Mr.N.S. Amogh Simha, learned counsel for the petitioner/ landlord, and Mr.Samir S. Shah for M/s.S