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V. Soundaryammal Vs. A. Lakshminarayana Rao and anr. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai High Court
Decided On
Reported in(1956)1MLJ97
AppellantV. Soundaryammal
RespondentA. Lakshminarayana Rao and anr.
Excerpt:
- .....586 of 1949 fixing the rent of the building at rs. 75. an application was made to the additional rent controller, madras, for fixation of fair rent for the downstairs portion of the bungalow in the occupation of the respondents before me. the rent controller inspected the premises and fixed the rent at rs. 105 per month. on appeal, the appellate judge reduced the rent to rs. 75. he held that the value of the building and the improvements effected amounted to rs. 30,000 and calculating interest at the rate of 6 per cent, he arrived at the figure of rs. 75 per month for the downstairs portion.2. in think that the appellate judge erred in interfering with the rent fixed by the rent controller who took into account all factors and fixed the rent., the tax payable in respect of the house.....
Judgment:

Umamaheswaram, J.

1. This Civil Revision Petition is filed by the landlady as against the order of the Judge of Small Causes in H.R.A. No. 561 of 1950 and 586 of 1949 fixing the rent of the building at Rs. 75. An application was made to the Additional Rent Controller, Madras, for fixation of fair rent for the downstairs portion of the bungalow in the occupation of the respondents before me. The Rent Controller inspected the premises and fixed the rent at Rs. 105 per month. On appeal, the appellate Judge reduced the rent to Rs. 75. He held that the value of the building and the improvements effected amounted to Rs. 30,000 and calculating interest at the rate of 6 per cent, he arrived at the figure of Rs. 75 per month for the downstairs portion.

2. In think that the appellate Judge erred in interfering with the rent fixed by the Rent Controller who took into account all factors and fixed the rent., The tax payable in respect of the house comes to Rs. 800 per year. Deducting, repair charges and taxes, the landlady will not be able to realise even 2 to 3 percent, as per the rent fixed by him. I should think that it is a question of calculating interest so as to cover taxes and repair charges: it should be at least 9 per cent. On that basis, the rent for the downstairs portion will come to Rs. 112. I do not wish to substitute this figure of Rs. 112-8-0 for the figure fixed by the Rent Controller on mere calculation of interest. On the whole, I think that the rent awarded by the Rent Controller is reasonable. I restore the order of the Rent Controller only in so far as the fair rent is fixed at Rs. 105 per month. The Civil Revision Petition is allowed with costs. Counsel's fee. Rs. 100.


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