Lease rent must be fixed judicially, while interim restoration of air-conditioning may protect the leased premises pending trial.

Determination of rent for a renewed lease is treated as a judicial function to be decided on evidence, so it cannot be delegated to a valuer or commissioner at the interlocutory stage. In disputes over centrally air-conditioned leased premises, air-conditioning may be treated as part of the demise rather than a mere amenity, and interim restoration can be ordered to preserve the subject matter pending trial, subject to ad hoc payment conditions to balance equities. The document also notes that the suits should be heard expeditiously on a joint basis.

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Issues: (i) Whether the quantum of rent for the renewed lease could be determined by appointment of a valuer at the interlocutory stage; (ii) Whether the lessee was entitled to a mandatory injunction directing restoration of air-conditioning facilities.

Issue (i): Whether the quantum of rent for the renewed lease could be determined by appointment of a valuer at the interlocutory stage.

Analysis: The dispute as to rent was the core issue in the connected suits and had to be decided judicially on evidence. The Court held that the determination of rent is a judicial function and cannot be delegated to a valuer. Appointment of a commissioner or valuer for collecting evidence or fixing rent at the interlocutory stage was impermissible.

Conclusion: The prayer for appointment of a valuer was rightly rejected.

Issue (ii): Whether the lessee was entitled to a mandatory injunction directing restoration of air-conditioning facilities.

Analysis: The demise was of centrally air-conditioned premises, and air-conditioning was treated as part of the subject of demise rather than a luxury. The parties had also been dealing with air-conditioning charges separately, and the Court found that restoration of the facility was justified pending final adjudication, with ad hoc monetary directions to balance equities.

Conclusion: The lessee was entitled to restoration of air-conditioning on the terms directed by the Court.

Final Conclusion: The common judgment sustained the refusal to appoint a valuer, granted interim relief for restoration of air-conditioning on ad hoc payment conditions, and directed expeditious joint hearing of the suits.

Ratio Decidendi: A court cannot delegate its adjudicatory function of fixing rent to a valuer or commissioner at the interlocutory stage, and where air-conditioning forms part of the leased premises, interim restoration may be ordered to preserve the subject matter pending trial.

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