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august 1969

Supreme Court of India · 1969-08-18

K.C. NAMBIAR vs THE IV JUDGE OF THE COURT OF SMALL CAUSES,MADRAS & ORS.

Citation / case number
SC 1966/60308
Court
Supreme Court of India
Petitioner
K.C. NAMBIAR
Respondent
THE IV JUDGE OF THE COURT OF SMALL CAUSES,MADRAS & ORS.
Bench
SHAH, J.C. (CJ)

Judgment text excerpt

The Supreme Court interpreted Section 4(3)(b)(i) of the Madras Buildings (Lease & Rent Control) Act, 1960, clarifying that 'cost of construction' refers to the original construction cost rather than the market value at the enactment date. The Court held that using both 'cost of construction' and 'market value' in the statute indicates distinct components for calculating total cost, thus ruling that the High Court's dismissal of the tenant's writ application was incorrect. The appeal was allowed, affirming the original construction cost as the relevant measure.

K.C. NAMBIAR vs THE IV JUDGE OF THE COURT OF SMALL CAUSES,MADRAS & ORS. · Niyam