Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
R.C.P. No.100/2016

Case between Mrs. K. Kanchana vs Mr. Anoop S.R regarding eviction and rent enhancement

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR
Order Date
2025-02-28
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Mrs. K. Kanchana filed a petition for eviction against Mr. Anoop S.R for non-payment of the enhanced rent for a property leased since 2000. The respondent contested the petition, claiming misjoinder of necessary parties and that the petition was not maintainable.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition, fixing the fair rent at Rs.50/- per square feet and granted costs to the petitioner.
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at Rs.50/- per square feet with 5% annual increase and costs awarded to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, fixing the fair rent at Rs.50/- per square feet and granted costs to the petitioner.
Why Plaintiff Won:
The petitioner provided adequate evidence supporting her claim for rent enhancement based on locality developments and prevailing market rates.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The petitioner relies on the significant developments in the locality and the inadequacy of the current rent compared to the market rate, justifying the increase sought.

Judgment Evidence:

The petition under section 5(1) of the Act is allowed thereby fixing the fair rent of the petition schedule room at the rate of Rs.50/- per square feet, with 5 % increase on every year.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mrs. K. Kanchana
Party Age
66
Relation
W/o
Party Role
Defendant
Party Name
Mr. Anoop S.R
Relation
S/o
Plaintiffs Documents
Lease agreement dated 18.05.2015, rent agreement dated 23.04.2018, notarized rent agreements dated 28.07.2017 and 28.11.2018, demand notice dated 07.04.2016.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P.R. Milton
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K.J. Chackochan
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Mohandas V.S.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
A. Balagopalan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rajagopalan A.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Shyam V.K.
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Rent Enhancement
Outcome: Partly Granted
Description:
The petitioner sought to enhance rent to Rs.75/- per square feet.
Evidence:
Thus on over all consideration of entire materials bearing in mind dictum laid down in celebrated decision, Edger Ferus V Abraham Ittycheria (2004 (1)KLT 767), this court is of firm view that rent of petition schedule building can be fixed @ Rs.50/- per sq. ft. (for total area of 3000 sq.ft.) with 5% hike per annum from the date of filing of this petition.
Relief Type: Costs
Outcome: Granted
Description:
The petitioner is entitled to costs of the proceedings.
Evidence:
Considering nature of petition, this court is of the firm opinion that petitioner is entitled to get costs of the proceedings from respondent and from his assets.

Documents & Evidence

Document Type: Lease Agreement
Submitted By: Plaintiff
Relevance:
This document is the original lease agreement dated 18.05.2015 between the petitioner and the respondent.
Reference:
Ext.A1
Document Type: Rent Agreement
Submitted By: Plaintiff
Relevance:
This document is the rent agreement dated 23.04.2018 executed between the petitioner and the tenant Siljy’s Electrolysis.
Reference:
Ext.A2
Document Type: Notarized Copy of Rent Agreement
Submitted By: Plaintiff
Relevance:
This document is a notarized copy of the rent agreement dated 28.07.2017 executed between the petitioner and the tenant K.R Bakes (P) Ltd.
Reference:
Ext.A3
Document Type: Notarized Copy of Rent Agreement
Submitted By: Plaintiff
Relevance:
This document is a notarized copy of the rent agreement dated 28.11.2018 executed between the petitioner and the tenant P.S Soman.
Reference:
Ext.A4
Document Type: Demand Notice
Submitted By: Plaintiff
Relevance:
This document is the demand notice dated 07.04.2016 issued to the respondent for enhancing the rent.
Reference:
Ext.A5
Document Type: Commissioner Report
Submitted By: Court
Relevance:
This document is a commission report filed by Advocate Jenneya Mariam Philip.
Reference:
Ext.C1

Case Classification

Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mrs. K. Kanchana vs Mr. Anoop S.R regarding eviction and rent enhancement
Case Code Year
Case between Mrs. K. Kanchana vs Mr. Anoop S.R regarding eviction and rent enhancement

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
100%

Involved Entities

Similar Cases

Case between N.X. Joseph Jason vs Noble George regarding eviction and rent fixation
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Rent Control Petition Plaintiff Won
Case between P.B Gopalakrishnan vs Ms. Dilshana Siyad regarding Rent Control Petition
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Rent Control Petition Plaintiff Won
Case between Keecheri Sree Rama Varma Kerala Pattarya Samajam vs P.U. Rameshan regarding rent control compliance
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Rent Control Petition Plaintiff Won
Case between Dr. M.N Subramanian et al vs M/s Jigucheon Pvt Ltd et al regarding Rent Control Petition
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Rent Control Petition Plaintiff Won
Case between Hameed et al vs Shamsudheen et al regarding Kerala Buildings (Lease and Rent Control)Act, 1965
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Rent Control Petition Unknown