Case Summary
M/s. City Tower, represented by N.K Ibrahim Haji, is seeking eviction of the respondents, P.H.Pradeep and P.Anil Krishnan, on grounds of non-payment of rent and fixation of fair rent for the petition schedule shoprooms. The respondents have claimed non-default in rent payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at Rs.17,000/- per month with 10% enhancement every three years.
Case Type
Rent Control Petition
Final Judgment
No
The court has disallowed eviction of the respondents on the ground of non-payment of arrears of rent and fixed the fair rent of the petition schedule shoproom at Rs.17,000/- per month with 10% enhancement every three years.
Why Plaintiff Won:
The petitioner's case regarding the importance of the locality and the need for fair rent was substantiated by evidence.
The petitioner's case regarding the importance of the locality and the need for fair rent was substantiated by evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1 and RW1 would show that the petition schedule shoprooms are situated in a prime locality. The Advocate Commissioner reports that the petition schedule shoprooms are situated in an area which is the business centre of the Calicut City and has all the potential for further commercial developments.
Judgment Evidence:
In the result, RCP.23/2021 is allowed in part as follows: 1) The eviction of the respondents on the ground of non-payment of arrears of rent is disallowed. 2) The fair rent of petition schedule shoproom is fixed at Rs.17,000/- (Rupees seventeen thousand only) from the date of petition and the petitioner is entitled for 10% of enhancement of rent every three years.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N.K Ibrahim Haji
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.H.Pradeep
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.Anil Krishnan
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice dated 26.12.2019, Reply Notice dated 04.03.2020
Defendants Documents
Cheque No.023753 of Kerala Gramin Bank, Interest payment Receipt of property tax from Kozhikode Corporation
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.B.Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.K.Mithran
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.Jayaraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Refused
Description:
The eviction of the respondents on the ground of non-payment of arrears of rent.
Evidence:
The eviction of the respondents on the ground of non-payment of arrears of rent is disallowed.
Relief Type:
Fair Rent Fixation
Outcome:
Granted
Description:
Fixation of fair rent for the petition schedule shoproom.
Evidence:
The fair rent of petition schedule shoproom is fixed at Rs.17,000/- (Rupees seventeen thousand only) from the date of petition.
Relief Type:
Periodic Rent Enhancement
Outcome:
Granted
Description:
Entitlement to periodic enhancement of rent every three years.
Evidence:
The petitioner is entitled for 10% of enhancement of rent every three years.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document serves as a formal notice issued by the petitioner regarding the non-payment of rent.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of sending the notice to the respondents.
Reference:
Ext.A1(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the notice by the respondents.
Reference:
Ext.A1(c)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
A response from the respondents to the petitioner's notice.
Reference:
Ext.A2
Document Type:
Photocopy of joint statement
Submitted By:
Plaintiff
Relevance:
Document detailing the agreed rent in prior proceedings.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Evidence of rent payment attempted by the respondents.
Reference:
Ext.B1
Document Type:
Interest payment Receipt of property tax
Submitted By:
Defendant
Relevance:
Additional evidence from the respondents supporting their claims.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's examination report regarding the property relevant for determining the fair rent.
Reference:
Ext.C1
Document Type:
Commissioner’s sketch
Submitted By:
Court
Relevance:
Visual representation supporting the Commission Report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between M/s. City Tower (Regd.Firm) Represented by N.K Ibrahim Haji vs P.H.Pradeep et al regarding Eviction and Fair Rent
Case Code Year
Case between M/s. City Tower (Regd.Firm) Represented by N.K Ibrahim Haji vs P.H.Pradeep et al regarding Eviction and Fair Rent
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour