V.S. KANODIA ETC. ETC. versus A.L.MUTHU (D) THR. LRS. & ANR

V.S. KANODIA ETC. ETC. versus A.L.MUTHU (D) THR. LRS. & ANR

The appellate authority erred in ignoring the market value of adjacent land determined by the Rent Controller on the ground of pendency of appeal; for fair rent fixation, market value previously determined should be considered, and the High Court failed to appreciate this when affirming the appellate authority's order.

Source-derived case information.

Parties
Appellant: V.S. Kanodia etc. etc.; Respondent: A.L. Muthu (D) through LRs. & Anr.
Jurisdiction
India
Judgment Date
16 July 2012
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Revision Petitions
Outcome
Appeals partly allowed; remitted to appellate authority for limited determination of market value of land.
Legal Topics
Fixation of Fair Rent, Market Value Determination, Non Residential Premises, Tamil Nadu Buildings Lease and Rent (control) Act
Landlord Tenant Property Law Fixation of Fair Rent Market Value Determination Non Residential Premises Tamil Nadu Buildings Lease and Rent (control) Act

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Parties

V.S. Kanodia etc. etc.

Appellant

A.L. Muthu (D) through LRs. & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Revision Petitions

Legal Issues

  1. 1 Whether the market value of adjacent land determined by the Rent Controller in related proceedings should be considered for fixing fair rent of premises under appeal.
  2. 2 Whether appellate authority was justified in ignoring previously determined land value due to pendency of appeal.

Ratio Decidendi

The appellate authority erred in ignoring the market value of adjacent land determined by the Rent Controller on the ground of pendency of appeal; for fair rent fixation, market value previously determined should be considered, and the High Court failed to appreciate this when affirming the appellate authority's order.

Court Disposition

Appeals partly allowed; remitted to appellate authority for limited determination of market value of land.

Orders

  • Impugned judgments of appellate authority dated 14.10.2006 as affirmed by High Court, so far as market value of land, are set aside.
  • Matters remitted to appellate authority for determination of issue relating to market value of land, considering evidence including Exh.A-4, Exh.A-9 and market value as determined by Rent Controller in RCOP No.1046 of 1994.