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S. CHANDRAKANTH (ENGINEER)     07 February 2012

Appeal against judgement

Dear Friends & Advocates,


Request your information and guidance on the following matters.


1.  I am still a tenant in my land lord's property (industrial shed) and he has filed 02 RCOP cases against me in 2008. First case was "default in rent". He has falsely created a scenerio in which i have only paid Rs.20,000/- by cheque and not Rs.1,20,000/- as advance( Rs.1,00,000/- by cash ( no receipt) + Rs. 20,000/- by cheque) which was declared in my favor stating that the email sent by the land lord to me contains the draft copy of the agreement in which he has agreed that he has received Rs.1,20,000/- as advance.

Second case is  "FAIR RENT", in which the judgement is not in our favour but the honourable judge has given his verdict ( by dismissing most of my land lord's claims of new building, new doors, this and that etc.,) and the increase in rent will come in effective from the date of order and not from the date of filing of RCOP.  Now i am intending to appeal to reduce the fair rent ordered on us stating that still we use only a part of the portion rent to us and the rest is restricted for use by the land lord by barricade. But the honourable judge has considered that the full portion is in our possession since there is no other passage to the restricted part of the portion and arrived the fair rent based on total area of the portion rented to us.  Please advise me if i go for appeal first, is it beneficial for me or  will it be  a usual procedure ? Is there any chance that the declared fair rent may be decreased or even increased and any chance of effective date of new fair rent  ( date of filing /date of order)? Please advise.

Note:  This property is in Alandur, Chennai which was a municipality till some months ago and now joined with Corporation of Chennai



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