IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.2.2008 CORAM: THE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYAN C.R.P.(NPD).No1184 OF 2003 1.Sumitra Anand 2.Padma 3.Senthil Ramaraj (deceased) (Petitioners 1 and 2 are the legal heirs of the 3rd petitioner as per order of this Court dated 14.2.2008) .. Petitioners -vs- Sri Kannika Parameswari Temple rep. by its Managing Trustee C.Ramadoss .. Respondent This revision petition is filed under Section 11 of the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act 1956 and under Section 115 of CPC against the fair and decretal order of the Rent Control Appellate Authority/District Munsif's Court at Coimbatore, dated 11.4.2003 in R.C.A.No.2 of 1992 confirming the order of the Special Deputy Collector(Revenue Court) at Coimbatore dated 1.8.1994 in F.R.P.No.7 of 1989. For Petitioners : Mr.P.Valliappan, Advocate For respondent : Mr.B.Rajendran, Advocate O R D E R It is represented by the learned counsel appearing for the revision petitioners through a memo dated 14.2.2008 (today) that the third revision petitioner died on 17.5.2006, 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 10.10.1991 passed under Sections 23 and 24 of the Tamil Nadu Cultivating Tenants (Payment of https://hcservices.ecourts.gov.in/hcservices/ 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 Commissioner's report, on the basis of the Commissioner's 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 Commissioner's 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. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. sg Note: To 1. THE DISTRICT MUNSIF RENT CONTROL APPELLATE AUTHORITY, COIMBATORE https://hcservices.ecourts.gov.in/hcservices/ 2. THE SPECIAL DEPUTY COLLECTOR (REVENUE COURT) COIMBATORE 3. THE SECTION OFFICER, V.R.SECTION, HIGHCOURT, MADRAS + 1 CC to Mr.P. Valliappan Advocate SR NO.7753 C.R.P.(NPD).No.1184/2003 RS(CO) JJM(11/03/08) https://hcservices.ecourts.gov.in/hcservices/