Fixation of fair rent of the building occupied by Government.

S.M.Ali Mohamed, J.

The above two appeals are against a common judgment of the learned single Judge in C.S.No.146 of 1981 and C.S.No.276 of 1983 respectively dated 10. 1985. O.S.A.No.176 of 1986 is against C.S.No.146 of 1981. The defen-dant-the State of Tamil Nadu, represented by the Collector of Madras (Accommodation Wing), is the appellant. The respondents herein are the plaintiffs. The plaintiffs filed a suit against the defendant-the State of Tamil Nadu, for recovery of a sum of Rs.43,66,959 with subsequent interest and costs. It is averred in the plaint that the premises known as, ‘Rushkeyrum’ bearing New Door No.149, Mount Road, Madras, belongs to the plaintiffs 2 to 8, who are the sons and daughters of the first plaintiff. The first plaintiff was the power of attorney agent of the plaintiffs 2 to 7 and property guardian appointed by the court of the eighth plaintiff who is a non-compose-mentis. The premises bearing New Door No.149, Mount Road, Madras, was taken over by the Accommodation Controller under Sec3 of Madras Buildings (Lease and Rent Control)Act 1949 on 211. 1956 and the same was allotted to the Director of Industries and Commerce, on a Provisional Rent of Rs.2,617.50 per month subject to fixation of fair rent. The Accommodation Controller subsequently revised the provisional rent and fixed it at Rs.4,000, subject to fixation of fair rent with effect from 4. 1961. The Director of Industries and Commerce vacated the premises, which was then re-allotted to the Tamil Nadu Electricity Board, in 1973. The State of Tamil Nadu is thus the statutory tenant of the premises in question. The plaintiffs filed a petition before the Rent Controller, Madras on 1. 1974 for fixation of fair rent under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The Rent Controller fixed the fair rent of the premises on 24. 1978 at Rs.28,000 per month. The plaintiff and the defendant preferred separate appeals in H.R.A.No.483 of 1970 respectively. The appellate authority dismissed the appeal filed by the defendant, but reduced the fair rent in the appeal filed by the first plaintiff to Rs.21,943. The plaintiff thereafter preferred a revision before this Court in C.R.P.No.756 of 1980. Pending disposal of the revision petition, the plaintiffs filed the above suit for recovery of the difference between the fair rent as fixed by the appellate authority and the tentative rent fixed by the Accommodation Controller after giving notice under Sec.80, C.P.C

2.. The case of the plaintiff before the trial court was that the fair rent in respect of the building taken over by the Accommodation Controller has retrospective operation from the date of taking over of the building and hence the plaintiffs were entitled to claim the difference between the fair rent and the provisional rent fixed by the Accommodation Controller, from 211. 1956 when the building was taken over. However, they restricted the claim from 10. 1960 when the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 under which the fair rent has been fixed came into force. The difference in rent from 10. 1960 till 312. 1980 came to Rs.43,72,584 and deducting the sum of Rs.5,625 towards the maintenance and repairs from the plaintiffs’ claim of Rs.43,66,959. The plaintiffs further reserved their right to file a separate action after the disposal of C.R.P.No.756 of 1980. C.R.P.No.756 of 1980 was allowed on 210. 1981 and the fair rent of Rs.28,000 per month was restored and thereafter, the plaintiff filed the second suit, viz., C.S.No.276 of 1983, claiming a sum of Rs.15,18,288 with subsequent interest and costs thereon.

3. The appellant/defendant/the State of Tamil Nadu, raised the following contentions before the trial court. The fair rent fixed by the Rent Controller in H.R.C.No. 143 of l974 at Rs.28,000 per month was to take effect only from the date of the petition. The appellate authority reduced the fair rent to Rs.21,943 and the High Court restored the order of