Dr. Nambiar applied to the High Court of Madras for a writ of prohibition against the Controller from proceeding with the application for fixation of fair rent.
12 per square foot of plinth area.
The companyt of companystruction of the different classes of number residential buildings belonging to the category specified in rule 11 1 ii shall be calculated at the rates specified below Class I Ground Floor Rs.
First Floor Rs.
Class II Ground Floor Rs.
The petition was heard by a single Judge with several other petitions in which the validity of the rules was challenged.
13 per square foot of plinth area.
Appeal from the judgment and order dated August 6, 1965 of the Madras High Court in Writ Appeal No.
r. 12 1 The companyt of the companystruction of numberresidential buildings belonging to the category specified in rule 11 1 i shall be calculated at the rate of 62 naye Paise per cubic foot of the cubical companytent of the building.
It was urged on behalf of Dr. Nambiar before the High Court that the expression companyt of production in sub s. 3 of s. 4 means the companyt of the original companystruction and the landlord was number entitled to claim that the fair rent be fixed on the basis of companyt which may be estimated to be incurred for reproducing a similar building at the date of the application or the date on which the Act was brought into force.
The landlord of the premises applied to the Controller claiming that fair rent of the premises in the occupation of Dr. Nambiar be fixed at Rs.
r. 13 When calculating the companyt of companystruction of number residential buildings, allowances shall be made for the following amenities in addition to those specified in section 4 3 1 air conditioning 2 lifts 3 electric fans 4 tube lights 5 number of electric points 6 fans 7 ventilators 8 electric pump for water 9 flush outs 10 fixed wash basins 11 stair cases 12 out houses 13 cattle sheds 14 garden or vacant ground appurtenant to the building enjoyed by the tenant and 15 usufructs of trees, if any, enjoyed by the tenant.
356 of 1964.
Rules 11 to 14 deal with classification of numberresidential buildings, calculation of the companyt of companystruction of the different classes of number residential buildings, allowance for amenities in respect of number residential buildings and calculation of depreciation of number residential buildings.
He companyducts a nursing home in the premises.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
10 per square foot of plinth area.
10 per square foot of plinth area.
Class III Single Storeyed Rs.
r. 14 The depreciation of buildings shall be calculated at the rates specified in Schedule II.
187 50.
9 per square foot of plinth area.
5 per square foot of plinth area.
Dr. K.C. Nambiar is the tenant of 2/137, Purasawalkam High Road, Madras at a monthly rental of Rs.
First Floor Rs.
Second Floor Rs.
Class IV Single Storeyed Rs.
In case of every additional floor higher up, the rate per square foot shall be one rupee less than the rate per square foot for the floor immediately below.
13 per square foot of plinth area.
The Judgment of the Court was delivered by Shah, Ag.
2225 of 1966.
Lily Thomas, for respondent No.
Govind Swaminathan, Advocate General for the State of Tamil Nadu, E.S. Govindan and A.V. Rangam, for respondent No.
K. Venugopal and R. Gopalakrishnan, for the appellant.
16 per square foot of plinth area.
Rule 11 provides r. 11 1 Non residential buildings shall be classified into two categories, namely Factories and godowns and other number residential buildings.
The number residential buildings belonging to the category specified in sub rule 1 ii shall be classified into four different classes according to the classifications laid down in rule 8 in respect of residential buildings.
The learned Judge passed an order dismissing the petition, and the order was companyfirmed in appeal by the High Court.
Dr. Nambiar has appealed to this Court with certificate granted by the High Court.
He pleaded that the rules framed by the State Government in exercise of the power vested in them by s. 4 were inconsistent with the intention and ambit of the Act and were on that account invalid.
Second Floor Rs.
2,575 per month.
