Case Summary
Petitioner filed a petition seeking fair rent fixation for a building in Tirur Market from the respondents who were in possession after his predecessor's death.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at Rs.6000/- per month from February 28, 2015
Case Type
Rent Control Petition
Final Judgment
No
The court granted the petition and fixed the fair rent of the property at Rs.6000 per month from February 28, 2015.
Why Plaintiff Won:
The fair rent was justified based on the property's location in a commercially important area and prevailing rates in the vicinity.
The fair rent was justified based on the property's location in a commercially important area and prevailing rates in the vicinity.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
But the testimony of PW1 coupled with the Commissioner's report would show that the petition schedule room is situated in a commercially important locality in Tirur town.
Judgment Evidence:
In the result, the petition is allowed as follows:-1. Fair rent of the petition schedule room is fixed at Rs.6000/- (Rupees Six Thousand only) per month with effect from 28-02-2015. 2. Petitioner is entitled to realize the cost of the petition from the respondent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kainikkara Abdurahiman
- Party Age
- 41
- Relation
- S/o Mammi
- Party Role
- Defendant
- Party Name
- Edasseri Ibrahim's children
- Relation
- Children of Late Ibrahim
Plaintiffs Documents
Rent Agreement dated 14-12-1992 (Ext.A1), Court exhibits C1 and C2
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Fair Rent Fixation
Outcome:
Granted
Description:
Fair rent fixed at Rs.6000 per month from February 28, 2015
Evidence:
In the result, the petition is allowed as follows:-1. Fair rent of the petition schedule room is fixed at Rs.6000/- (Rupees Six Thousand only) per month with effect from 28-02-2015. 2. Petitioner is entitled to realize the cost of the petition from the respondent.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Rent agreement dated 14-12-1992
Reference:
Ext.A1
Document Type:
Court Exhibits
Submitted By:
Plaintiff
Relevance:
Commission report submitted by Advocate Commissioner
Reference:
C1
Document Type:
Court Exhibits
Submitted By:
Plaintiff
Relevance:
Commission plan submitted by Advocate Commissioner, dated 27-10-2015
Reference:
C2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kainikkara Abdurahiman vs Edasseri Ibrahim's children et al regarding fair rent fixation
Case Code Year
Case between Kainikkara Abdurahiman vs Edasseri Ibrahim's children et al regarding fair rent fixation