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2008 DIGILAW 548 (MAD)

Sumitra Anand & Others v. Sri Kannika Parameswari Temple

2008-02-14

A.C.ARUMUGAPERUMAL ADITYAN

body2008
Judgment :- It is represented by the learned counsel appearing for the revision petitioners through a memo dated 12. 2008 (today) that the third revision petitioner died on 15. 2006, unmarried, leaving behind the petitioners 1 and 2 alone as his legal heirs. The said memo is recorded. Registry is directed to carry out the amendment in the revision petition. 2. The order of the Special Deputy Collector (Revenue Court), Coimbatore in F.R.P.No.7 of 1989 dated 10. 1991 passed under Sections 23 and 24 of the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act 24/1956 was challenged before the Appellate Authority in R.C.A.No.2 of 1992. The learned Rent Control Appellate Authority/Principal District Munsif, Coimbatore has fixed the fair rent as Rs.12,818/-against the fair rent of Rs.16,500/- fixed by the Special Deputy Collector (Revenue Court) Coimbatore in F.R.P.No.7 of 1989. Against the findings of R.C.A.No.2 of 1992, the present revision petition has been directed. 3. When the matter was taken up for hearing, the learned counsel appearing for the revision petitioners would contend that while passing the order in R.C.A.No.2 of 1992, the learned Rent Control Appellate Authority has failed to consider the objections filed by him to the Commissioners report, on the basis of the Commissioners report, the Special Deputy Collector (Revenue Court) Coimbatore has fixed the fair rent as Rs.16,500/- and the Rent Control Appellate Authority, while passing order in R.C.A.No.2 of 1992 has also failed to consider the objections filed by the revision petitioners to the Commissioners report. 4. According to the learned counsel for the revision petitioners, there was no deduction given by the Rent Control Appellate Authority for irrigating and maintaining the standing trees in the land. The learned counsels appearing on both sides would agree for the fair rent to be fixed at Rs.12,000/- per year instead of Rs.12,818/-fixed by the Rent Control Appellate Authority. 5. In fine, the civil revision petition is allowed and the order passed by the Rent Control Appellate Authority in R.C.A.No.2 of 1992 is modified and the fair rent is fixed as Rs.12,000/- per year from the date of filing of F.R.P.No.7 of 1989. No costs.