Case Summary
Salam, the landlord, filed a petition against P.K. Mohamed Basheer, the tenant, for the fixation of fair rent for a shop room. The landlord claims that the tenant has not paid rent since January 2020 and seeks to establish a fair rent because of the commercial growth in the area.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The fair rent of the petition schedule room is fixed at Rs.75/- per square feet, with 5% increase on every year. The petitioner is entitled for the costs of the petition.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and fixed the fair rent for the shop room at Rs.75/- per square foot, with a yearly increase of 5%. The petitioner was also awarded costs for the proceedings.
Why Plaintiff Won:
The court found in favor of the petitioner based on the parameters for fair rent fixation and evidence presented regarding the commercial significance of the location.
The court found in favor of the petitioner based on the parameters for fair rent fixation and evidence presented regarding the commercial significance of the location.
Losing Side's Weaknesses:
The court found in favor of the petitioner based on the parameters for fair rent fixation and evidence presented regarding the commercial significance of the location.
The court found in favor of the petitioner based on the parameters for fair rent fixation and evidence presented regarding the commercial significance of the location.
Supporting Evidence
Thus on overall 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.75/- per sq. ft. with 5% hike per annum.
Judgment Evidence:
In the result, the petition allowed as follows; 1. 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.75/- per square feet, with 5 % increase on every year. 2. The petitioner shall also be entitled for the costs of the petition.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Salam
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.K. Mohamed Basheer
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Original lease agreement dated 01.10.2023, Lawyer's notice dated 06.01.2023, Postal receipt dated 10.01.2023, Reply notice dated 21.01.2023, Building tax receipt dated 15.07.2024.
Defendants Documents
Certified copy of answers to interrogatories, Certified copy of Commission Report, Photographs of the petition schedule Building, Building Tax Receipts.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joby Jacob Pulickekudy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dajsh John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smitha Philipose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashik Tom
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.G. Cleetus
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Petitioner sought an increase in fair rent and regulation of rent arrears.
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.75/- per square feet, with 5 % increase on every year.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner sought costs for the proceedings.
Evidence:
The petitioner shall also be entitled for the costs of the petition.
Documents & Evidence
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The testimony of the petitioner and other witnesses was considered in determining the tenant's rental obligations.
Reference:
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The original lease agreement dated 01.10.2023 was presented to support the claim for increased rent.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice dated 06.01.2023 was referred to in the context of notifying the tenant regarding payment issues.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt dated 10.01.2023 was marked to confirm correspondence linked to the case.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice dated 21.01.2023 was used to show the tenant's acknowledgment of the landlord-tenant relationship.
Reference:
Ext.A5
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
The building tax receipt dated 15.07.2024 was presented as evidence related to the properties.
Reference:
Ext.A6
Document Type:
Certified Answers to Interrogatories
Submitted By:
Defendant
Relevance:
This document was submitted to address queries regarding the rent and tenancy.
Reference:
Ext.B1
Document Type:
Certified Commission Report
Submitted By:
Defendant
Relevance:
The report was considered in assessing the condition and context of the property.
Reference:
Ext.B2
Document Type:
Photograph of the Shop
Submitted By:
Defendant
Relevance:
Photographic evidence of the petition schedule building was referenced during the proceedings.
Reference:
Ext.B3
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
This receipt dated 28.02.2024 served as a financial document supporting the defendant's claims.
Reference:
Ext.B4
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
This receipt dated 16.03.2024 was included to corroborate claims about property taxes.
Reference:
Ext.B5
Document Type:
Photograph of a Shop
Submitted By:
Defendant
Relevance:
Further photographic evidence was submitted regarding other shops to support the defendant's position.
Reference:
Ext.B6
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
A series of photographs were marked though not all were accepted into evidence.
Reference:
Ext.B7 series
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 Salam vs P.K. Mohamed Basheer regarding fair rent fixation
Case Code Year
Case between Salam vs P.K. Mohamed Basheer regarding fair rent fixation