MISS LIZA ARULANANDAM versus SMT. A.S. SULOCHANA

MISS LIZA ARULANANDAM versus SMT. A.S. SULOCHANA

Section 4(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, as amended in 1973, requires fair rent be determined based on the market value as on the date of application, not the date of original construction; fixation by Rent Controller and High Court was legal, not warranting interference as findings were based on proper evidence.

Parties
Appellant/tenant: Miss Liza Arulanandam; Respondent/landlady: Smt. A.S. Sulochana
Jurisdiction
India
Judgment Date
11 September 1990
Procedural Posture
Civil Appeal / Appeal by Special Leave Against High Court's Order
Outcome
Appeal dismissed
Legal Topics
Fixation of Fair Rent, Cost of Construction, Market Value Determination
Tenancy Rent Control Constitutional Law Fixation of Fair Rent Cost of Construction Market Value Determination

Case Brief

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Parties

Miss Liza Arulanandam

Appellant/tenant

Smt. A.S. Sulochana

Respondent/landlady

Procedural Posture

Civil Appeal / Appeal by Special Leave Against High Court's Order

Legal Issues

  1. 1 Whether the fixation of fair rent by the Rent Controller, affirmed by the High Court, is illegal
  2. 2 On which date the cost of construction and market value should be determined for fixation of fair rent under Section 4 of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Ratio Decidendi

Section 4(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, as amended in 1973, requires fair rent be determined based on the market value as on the date of application, not the date of original construction; fixation by Rent Controller and High Court was legal, not warranting interference as findings were based on proper evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, fixed at Rs. 5,000