Case Summary
The case involves a petition filed by Muhammed Hashim and others against Baby and others for the enhancement of rent for a shop room. The petitioners argue that the current rent is insufficient and that the respondents have not paid rent since February 1995.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The fair rent of the petition schedule building is fixed as Rs.2,000/- per month.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition to enhance the rent for the shop room to Rs.2,000 per month, effective from the date of the petition, and ordered periodical enhancement of rent at 10% yearly.
Why Plaintiff Won:
The petitioners established their title and the inadequacy of the existing rent in light of the prevailing rates in the area.
The petitioners established their title and the inadequacy of the existing rent in light of the prevailing rates in the area.
Losing Side's Weaknesses:
The petitioners established their title and the inadequacy of the existing rent in light of the prevailing rates in the area.
The petitioners established their title and the inadequacy of the existing rent in light of the prevailing rates in the area.
Supporting Evidence
The commissioners report would also show that the first respondent has been residing there with family. It has come out in evidence that the rent is static and it never enhanced after the entrustment.
Judgment Evidence:
In the result, the petition is allowed under Sec. 5(1) as follows; 1. The fair rent of the petition schedule building is fixed as Rs.2,000/- with effect from the date of petition.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Hashim
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Maimoona Mattummal
- Party Age
- 50
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Asmabi V.M.
- Party Age
- 46
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sulaikha V.M.
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Baby
- Party Age
- 65
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Prema
- Party Age
- 68
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Pankajaskhi
- Party Age
- 60
- Relation
- D/o
Plaintiffs Documents
Certified copy of settlement deed No.1115 of 1976 SRO Chevayur, Lawyer notice dated 23.04.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.B. Sivaramakrishnan.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. E.M. Vijayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The fair rent of the petition schedule building is fixed as Rs.2,000/- per month with effect from the date of petition.
Evidence:
In the result, the petition is allowed under Sec. 5(1) as follows; The fair rent of the petition schedule building is fixed as Rs.2,000/-(Rupees Two thousand only) per month with effect from the date of petition.
Relief Type:
Other
Outcome:
Granted
Description:
There shall be a periodical enhancement @ 10% of the prevailing rent, every year.
Evidence:
There shall be a periodical enhancement @ 10% of the prevailing rent, every year.
Relief Type:
Other
Outcome:
Granted
Description:
The respondents shall pay the costs of the petition.
Evidence:
The respondents shall pay the costs of the petition.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed executed by Moideen Koya Haji in favour of Aboobacker Koya Haji.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed executed by Aboobacker Koya Haji in favour of Mymoona and others.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of Lawyer notice sent to Baby Puthen Purakkal by Adv. K.B. Sivaramakrishnan.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice sent to Adv. K.B. Sivaramakrishnan by Adv. E.M. Vijayan.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Adv. Akhila P.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Adv. Akhila P.
Reference:
Ext.C2
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 Muhammed Hashim et al vs Baby et al regarding rent control.
Case Code Year
Case between Muhammed Hashim et al vs Baby et al regarding rent control.