Case Summary
Hashik Rahman.K, the petitioner, seeks an enhancement of rent for two shop rooms leased to Rafeeque.K.P, the respondent. The court evaluates the fair rent based on various factors including the condition of the property and rental rates in the locality.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rent fixed at Rs.3,850/- for RCP 40/21 and Rs.7,700/- for RCP 41/21 from the date of petition onwards, along with costs.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed in part, fixing the rent for the shop rooms at Rs.3,850/- and Rs.7,700/- respectively, and directs the respondent to pay the revised rent along with costs.
Why Plaintiff Won:
The petitioner provided evidence showing the historical context of the lease and the commercial importance of the locality.
The petitioner provided evidence showing the historical context of the lease and the commercial importance of the locality.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner claims that the monthly rent of the rooms scheduled in RCP 40/21 was Rs.2,000/-...The present rent is not fair rent though the rent claimed for the petition schedule rooms by the petitioner for any standard is much above the unconscionable rent...
Judgment Evidence:
The petition is allowed in part as follows: 1. The rent of the petition schedule room in RCP 40/20 is fixed at Rs.3,850/- (Rupees Three Thousand Eight Hundred And Fifty Only) per month from the date of petition onwards. 2. The rent of the petition schedule rooms in RCP 41/21 is fixed at Rs.7,700/- (Rupees Seven Thousand And Seven Hundred Only) per month from the date of petition onwards.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hashik Rahman.K
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rafeeque.K.P
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Original lease deed executed between C.P.Musthafa and K.P.Rafeeque, True copy of Lawyer notice, Property tax receipts.
Defendants Documents
Copy of property tax demand Register.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.N.Sreenivasan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. B.M.Shamsudheen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Shajir.C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Petitioner claims enhancement of rent.
Evidence:
The petition is allowed in part as follows: The rent of the petition schedule room in RCP 40/20 is fixed at Rs.3,850/- (Rupees Three Thousand Eight Hundred And Fifty Only) per month from the date of petition onwards.
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Petitioner claims enhancement of rent.
Evidence:
The rent of the petition schedule rooms in RCP 41/21 is fixed at Rs.7,700/- (Rupees Seven Thousand And Seven Hundred Only) per month from the date of petition onwards.
Relief Type:
Other
Outcome:
Granted
Description:
The respondents are directed to pay costs of the proceedings to the petitioner.
Evidence:
The respondents are directed to pay costs of the proceedings to the petitioner.
Relief Type:
Other
Outcome:
Granted
Description:
The respondents shall pay revised rent by adding 15% of the then rent after the expiry of every three years from the date of petition onwards.
Evidence:
The respondents shall pay revised rent by adding 15% of the then rent after the expiry of every three years from the date of petition onwards.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Original lease deed executed between C.P.Musthafa and K.P.Rafeeque.
Reference:
Ext.A1
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Original lease deed executed between C.P.Musthafa and K.P.Rafeeque.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of Lawyer notice with Postal receipt.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of Lawyer notice with Postal receipt.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply Notice.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply Notice.
Reference:
Ext.A6
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of lease deed executed between Kamalam and State Bank of Travancore.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account for the period from 01-04-2021 to 31-03-2022.
Reference:
Ext.A8
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt.
Reference:
Ext.A9
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt.
Reference:
Ext.A10
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt.
Reference:
Ext.A11
Document Type:
Property Tax Demand Register
Submitted By:
Defendant
Relevance:
Copy of property tax demand Register.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv.Abin Thomas Alex.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch.
Reference:
Ext.C1(a)
Case Classification
Case Type
Rent Control Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
RCP
Case Code Year
2021