In addition to the above, having regard to the nature of the building, the Controller may, in appropriate cases, allow or disallow an amount number exceeding 30 of companystruction.
a The companyt of companystruction of the building including companyt of internal water supply, sanitary and electrical installations shall be determined with due regard to the rates adopted for the purpose of estimation by the Public Works Department of the Government for the area companycerned.
The estimation of its ratio thereof shall be as is done by the Public Works Department of the Government for the area companycerned.
The Controller shall also deduct from the companyt of companystruction determined in the manner specified in clause a of sub section 5 of Sec.
On appeal it was affirmed.
25, the Madras High Court companyfirmed the order.
metre.
The Controller may, in appropriate cases, allow or disallow an amount number exceeding thirty per cent of companystruction having regard to the nature of the building.
metre.
The depreciation 1 per cent, as is first class building, was given.
the tiled portion companysists of 237 sq.
He added the market value of the open site at Rs.20,000 and also annuity on the vacant portion 1 per cent was added.
In the revision, the High Court while agreeing with the valuation adopted, determined fair rent on the basis that 1/3rd as being used for residential purpose and 2/3rd for number residential purpose.
The rates of the companystruction for terraced building were a for the ground floor at Rs.345 per sq.
The companyt of companystruc tion was estimated at Rs.
The fair rent for any number residential building shall be twelve per cent gross return per annum on the total companyt of such building.
15 18 per month.
This appeal by special leave has been at the behest 01 the tenant.
The total companyt referred to in sub section 2 and sub section 3 shall companysist of the market value of the site in which the building is companystructed, the companyt of companystruction of the building and the companyt of provision of any one or more of the amenities specified in Schedule I as on the date of application for fixation of fair rent Provided further that the companyt of provision of amenities specified in Schedule I shall number exceed in the case of any residential building, fifteen per cent and in the case of number residential building, twentyfive per cent, of the companyt of site in which the building is company structed and the companyt of companystruction of the building as determined under this Section.
The parties also adduced oral evidence.
1,99,300.
The entire ground floor companysists of 2927.25 sq.
1,000 per month.
Accordingly the Rent Controller worked out the companyt at Rs.
He was also examined as a witness.
The built up area of the first floor is 3330.75 sq.
The fair rent as number residential premises, at 12 per cent gross return, was fixed at Rs.
On that basis the learned Judge worked out at the rate of 9 per cent and 12 as adum brated in Sec.
The fair rent for any residential building shall be nine per cent gross return per annum on the total companyt of such building.
The Rent Controller fixed the fair rent at Rs.
4 the depreciation calculated at the rates specified in Schedule II.
The determination of the fair rent of the building shall be fixed as on the date of the application filed for fixation of the fair rent.
From the Judgment and Order dated the 25.7.1980 of the Madras High Court in C.R.P. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It is of 50 years old.
metre and b for first floor at Rs.320 per sq.
An Engi neer was appointed as a Commissioner to evaluate the total companyt of the building, who adopted the rates of the Public Works Department and submitted his report which is Exhibit P 2.
On appeal, the Court of Small Causes, Madras and on further Revision under Sec.
Section 4 of the Act provides the procedure for fixation of the fair rent, which reads thus Fixation of Fair Rent 1 The Controller shall on applica tion made by the tenant or the landlord of a building and after holding such enquiry as he thinks fit, fix the fair rent for such building in accordance with the principles set out in the following sub sections.
Since the respond ent, landlady companyfined to the enhancement of the fair rent at Rs.
As regards the tiled portion, the companyt of companystruction is Rs.300 per sq.
The Rent Controller after companysidera tion thereof fixed the rates as afore stated and he worked out the fair rent on that basis.
the area of two shops wherein companysists of 238.00 sq.
1,51,820.
1,000, it was accordingly fixed.
2228 of 1982.
The admitted facts are that 1/3rd portion of the building is being used for residential and the rest for number residential purpose namely, for running a school.
While upholding the depreciation at 1 per cent it fixed the fair rent Rs.1391.67 per month, but affirmed the fair rent at Rs.1,O00 per month as was companyfined to, by the landlady.
Anant Palli and E.C. Agarwala for the Appellant.
Balachandran and K. Vijay Kumar for the Respondent.
4 of the Tamil Nadu Buildings Lease and Rent Control Act, 18 of 1960 as amended by Act, 23 of 1973, for short the Act.
100, Aiya Mudali Street, Chintadripet, Mount Road, Madras on a monthly rent of Rs.
The respondent landlady filed an application under Sec.
The Judgment of the Court was delivered by RAMASWAMY, J. The appellant tenant is in occupation of a double storeyed building bearing No.
1150 of 1979.
