M.L. YACOB SHERIFF (D) BY LRS. versus RAJRANI DEVI

M.L. YACOB SHERIFF (D) BY LRS. versus RAJRANI DEVI

For fixation of fair rent under Section 4(4), only the building let or to be let and its appurtenant vacant land (up to 50% thereof) are to be valued. Construction made by tenant on leased land is not to be valued as built up land; nor is the land to be treated as built up portion. Such land is valued only as vacant land, appurtenant land, or amenity to the landlord's leased premises.

Parties
Appellant: M.L. Yacob Sheriff (D) by Lrs.; Respondent: Rajrani Devi
Jurisdiction
India
Judgment Date
17 October 2003
Procedural Posture
Civil Appeal / Appeal From Madras High Court Judgment in C.r.p. Nos. 895/99 and 535/2000, Decision on Merits
Outcome
appeal dismissed
Legal Topics
Fixation of Fair Rent, Valuation of Leased Premises, Definition of Building Under Rent Control
Property Law Rent Control Fixation of Fair Rent Valuation of Leased Premises Definition of Building Under Rent Control

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Parties

M.L. Yacob Sheriff (D) by Lrs.

Appellant

Rajrani Devi

Respondent

Procedural Posture

Civil Appeal / Appeal From Madras High Court Judgment in C.r.p. Nos. 895/99 and 535/2000, Decision on Merits

Legal Issues

  1. 1 Whether land built upon by tenant with landlord's permission is to be valued as built up land under Section 4(4) of Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 for fixation of fair rent

Ratio Decidendi

For fixation of fair rent under Section 4(4), only the building let or to be let and its appurtenant vacant land (up to 50% thereof) are to be valued. Construction made by tenant on leased land is not to be valued as built up land; nor is the land to be treated as built up portion. Such land is valued only as vacant land, appurtenant land, or amenity to the landlord's leased premises.

Court Disposition

appeal dismissed

Orders

  • appeals dismissed without costs