Fixation of Fair REnt
Querist :
Anonymous
(Querist) 20 November 2010
This query is : Resolved
I am a tenant in a shop situated at T.Nagar, Chennai. The owner of the premises has filed a suit for fixation of fair rent for the shop. The shop is about 10’ x 14’ =140 Sq.ft. Madras Terraced Roof, wooden doors, situated in the ground floor. Building more than 40 years old. Toilet situated in second floor. No water or toilet facility in the ground floor. Building poor maintenance. Can Experts who are conversant with fair rent proceedings tell me how much would be the maximum fair rent for my shop. At present I am paying rent of Rs.2000/- per month. I am tenant for the past 20 years. The owner has also earlier filed a suit on the grounds of willful default in payment of rent which is being contested. Meanwhile he has filed this suit just to harass me. If I agree with the fixed fair rent, will the court allow me to occupy the place after dismissing both the suits. Kindly clarify me.
Sri Vijayan.A
(Expert) 20 November 2010
Fixing the fair rent shall not be ground for dismissal of suit
R.Ramachandran
(Expert) 20 November 2010
By agreeing to the fair rent that would be fixed you are not doing any great sacrficice or service to the owner. It is your duty. If you want you can contest the same. But just because you would be ready to accept the fair rent, there is no guarantee that the suits would be dismissed. The suits will be disposed of by the court on the basis of facts and law on the subject.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 November 2010
This is just reverse case that landlord filing case for standard rent.
If it is real case go and fight , present records of rent of similar shops in the area which must be much lower.
Your rent will be reduced and it will be equivalent to similar rent when the shop was originally leased.
Advocate. Arunagiri
(Expert) 21 November 2010
You are bound to pay the rent. If you are not satisfied with the fair rent fixed by the court, go for the appeal.
If you are paying the rent in the court, the court will not normally order for eviction.
Consult a lawyer known to you. If you do not know any body you can approach me I am very much in South Usman Road, T.Nagar, Chennai. Phone. 9677033105.
