Shriraammohan (Advocate) 04 August 2009
Petitioner/landlord filed petition for fixation of fair rent u/s 4 tamil nadu rent control laws. subsequently the tenant on his own part filed fresh petition u/s 4 of that same Act with same cause of action, parties are the same, subject matter is the same, property is the same. So the petition filed by tenant is it maintenable or not.
Kiran Kumar (Lawyer) 04 August 2009
the matter shall be covered by principle of res subjudice if the relief claimed is also same.
but one thing has to be observed the landlord must be looking for enhancement and the tenant must be looking for reduction.
strict principles of CPC are applicable to rent matters, u ll find various judgments on this, but the basic priciples of CPC can not be ignored even.
so after considering the merits of both the petitions both may be clubbed or the one of tenant if subsequent can be dismissed.
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