Chetty v Chetty (2 of 2004) [2005] SCSC 2 (16 March 2005)

Chetty v Chetty (2 of 2004) [2005] SCSC 2 (16 March 2005)

The respondent, as lessor and interested party, had locus standi to apply to the Board. The Board had discretion to order a rent increase with retrospective effect from the date of application. The Board was entitled to reject conflicting expert evidence and rely on comparable rents from a previous case to assess fair rent.

Citation
[2005] SCSC 2
Parties
Appellant: Mohan Chetty; Respondent: Srinivasan Chetty
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 March 2005
Case Number
2 of 2004
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Locus Standi, Retrospective Rent Increase, Assessment of Fair Rent
Source Language
English
Landlord and Tenant Law Locus Standi Retrospective Rent Increase Assessment of Fair Rent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mohan Chetty

Appellant

Srinivasan Chetty

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent had locus standi to file and prosecute the case before the Rent Board
  2. 2 Whether the Rent Board had power to order a retrospective rent increase
  3. 3 Whether the Rent Board properly assessed the fair rent

Ratio Decidendi

The respondent, as lessor and interested party, had locus standi to apply to the Board. The Board had discretion to order a rent increase with retrospective effect from the date of application. The Board was entitled to reject conflicting expert evidence and rely on comparable rents from a previous case to assess fair rent.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Costs awarded to respondent.