Case Summary
The petitioner, Chakkalathop Puthiya Purayil Sareena, is seeking an enhancement of rent for the leased premises, arguing that the current rent is insufficient given the commercial importance of the locality. The respondent, Beevi Muneera, contests the petition, claiming the premises lacks necessary facilities and is in a dilapidated condition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The fair rent of the scheduled premise is fixed at Rs. 3,500 per month from the date of the petition.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition in part, fixing the fair rent at Rs. 3,500 per month from the date of the petition and permitting a periodic increase of 10% every two years.
Why Plaintiff Won:
The court found sufficient grounds for enhancement based on the locational importance, inflation, and increase in living costs.
The court found sufficient grounds for enhancement based on the locational importance, inflation, and increase in living costs.
Losing Side's Weaknesses:
The court found sufficient grounds for enhancement based on the locational importance, inflation, and increase in living costs.
The court found sufficient grounds for enhancement based on the locational importance, inflation, and increase in living costs.
Supporting Evidence
Considering the prevalent rent in the adjacent shop rooms of the same building, locational importance of the premise, inflation factor, increase of cost of living, reduction in purchasing power, regular increase in the land value, I find that fair rent can be fixed at Rs. 3500/- per month as on the date of filing of this petition.
Judgment Evidence:
In the result, The petition is allowed in part as follows: 1. The fair rent of the scheduled premise is fixed at Rs. 3,500/- per month from the date of the petition. 2. The petitioner is entitled for a periodic increase of 10% of the aggregate rent once every two years.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chakkalathop Puthiya Purayil Sareena
- Party Age
- 70
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Beevi Muneera
- Party Age
- 56
- Relation
- D/o
Plaintiffs Documents
Copy of judgment in RCA 103/2010, Rent receipt book from 01.10.2023
Defendants Documents
Photograph
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.Muhammed Iqubal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.C.V.Noorjahan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.B.M.Shamsudheen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Fixed fair rent at Rs. 3,500 per month
Evidence:
Considering the facts and circumstances of the case, I find that the fair rent can be fixed at Rs. 3500/- per month as on the date of filing of this petition.
Relief Type:
Recovery
Outcome:
Granted
Description:
Periodic increase of 10% in rent every two years
Evidence:
I find that a 10% increase in the aggregate rent every two years would serve the interests of justice.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitled to recover costs of the petition from the respondent
Evidence:
I find no reason to deviate from the normal rule that the costs shall follow the event.
Documents & Evidence
Document Type:
Rental Receipt Book
Submitted By:
Plaintiff
Relevance:
Used to demonstrate the rent charged for similar premises
Reference:
Ext.A2
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
Cited past judgment in RCA 103/2010 regarding rent enhancement
Reference:
Ext.A1
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Provided as evidence regarding the condition of the premises
Reference:
Ext.B1
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Included the commissioner’s observations and location details of the premises
Reference:
Ext.C1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Request for fair rent fixation
Case Code
Case between Chakkalathop Puthiya Purayil Sareena vs Beevi Muneera regarding fixation of fair rent
Case Code Year
Case between Chakkalathop Puthiya Purayil Sareena vs Beevi Muneera regarding fixation of fair rent