Case Summary
This case involves M Aboobacker (deceased) and his legal heirs, who are petitioning for a fair rent fixation for a shop room, against K Subin, the current tenant. The petitioners seek to raise the rent from Rs. 600 to Rs. 7000 due to the commercial value of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at 7,000 per month with a periodic enhancement at the rate of 10% every 3 years.
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed the petition for fixation of fair rent for the shop room at Rs. 7000 per month, citing the commercial importance of the location. Additionally, the petitioner is entitled to recover costs from the respondent.
Why Plaintiff Won:
Evidence supports the petitioner's claim for increased rent based on the property's location and inflation.
Evidence supports the petitioner's claim for increased rent based on the property's location and inflation.
Losing Side's Weaknesses:
Evidence supports the petitioner's claim for increased rent based on the property's location and inflation.
Evidence supports the petitioner's claim for increased rent based on the property's location and inflation.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A4 and C1 report would show that the petitioner is entitled to get fixation of fair rent as sought for.
Judgment Evidence:
In the result, this petition is allowed as follows: 1. The fair rent of the petition schedule shop room is fixed at 7,000 from the date of the petition and a periodic enhancement at the rate of 10% in every 3 years.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M Aboobacker
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Naseema
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Navaf Aboobacker
- Party Age
- 33
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Nadheera Aboobacker
- Party Age
- 31
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Nabeel Aboobacker
- Party Age
- 23
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K Subin
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice sent by Adv.C.Balachandran, Copy of lawyer notice with Postal receipt issued by Adv.PT Rajesh, Unclaimed lawyer notice, Copy of license agreement entered into between Aboobacker Haji and Others.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.PT Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Bhavitha V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Fair rent of the petition schedule shop room fixed at ₹ 7000.
Evidence:
the fair rent of the petition schedule shop room is fixed at 7,000 from the date of the petition
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner entitled to get the costs of the petition from the respondent.
Evidence:
the petitioner is entitled to get the costs of the petition from the respondent
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent to the respondent.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice with postal receipt issued to the respondent.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Unclaimed lawyer notice with acknowledgment cards and postal receipts.
Reference:
Ext.A3
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Copy of the license agreement entered into between Aboobacker Haji and others.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report with plan and photographs filed by the court advocate.
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
Non-payment of rent
Case Code
Case between M Aboobacker et al vs K Subin regarding fair rent fixation
Case Code Year
Case between M Aboobacker et al vs K Subin regarding fair rent fixation