Case Summary
Muhammed Hashim and others filed a petition against Vimala and others to enhance the rent of a property. The respondents were tenants residing in the property without paying rent since December 2003.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Enhancement of rent to Rs.2,000/- per month with a 10% periodic increase per year.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for rent enhancement and fixed the fair rent for the petition schedule building at Rs.2,000/- per month with a 10% annual increase.
Why Plaintiff Won:
The petitioners established their title over the property and the need for enhanced rent due to the local economic conditions.
The petitioners established their title over the property and the need for enhanced rent due to the local economic conditions.
Losing Side's Weaknesses:
The petitioners established their title over the property and the need for enhanced rent due to the local economic conditions.
The petitioners established their title over the property and the need for enhanced rent due to the local economic conditions.
Supporting Evidence
The Commissioners report shows that the petition schedule line room is having vehicular access. Moreover, the commissioner has reported that the houses having similar facilities in the same locality have fetched a monthly rent of Rs.6,500/-.
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/- (Rupees Two thousand only) per month 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
- Maimuna 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
- Vimala
- Party Age
- 82
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Lalitha
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ramesan
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suresh
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lathika
- Party Age
- 39
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Bindhu
- Party Age
- 37
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vinod
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Registration copy of settlement deed No.893/1976, Registration copy of Settlement deed No.1115/1976, Copy of lawyer notice sent by Adv. K.B. Sivaramakrishnan to Vimala, Reply notice sent by Adv. E.M. Vijayan to Adv. K.B. Sivaramakrishnan.
Defendants Documents
Photographs
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:
Recovery
Outcome:
Granted
Description:
Fixation of fair rent of the petition schedule building.
Evidence:
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:
Periodical enhancement of rent.
Evidence:
periodical enhancement @ 10% of the prevailing rent, every year.
Relief Type:
Other
Outcome:
Granted
Description:
Cost of the petition.
Evidence:
The respondents shall pay the cost of the petition.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Registration copy of settlement deed executed in favour of Aboobacker Koya Haji.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Registration copy of Settlement deed executed in favour of Maimoona and others.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent to Vimala requesting payment of arrears.
Reference:
Ext.A3
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photographs depicting the condition of the petition schedule room.
Reference:
Ext.B1 series
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Commissioner reports submitted regarding the condition and rent of the petition schedule room.
Reference:
Ext.C1 series
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Supplementary Commissioner report submitted regarding the petition schedule room.
Reference:
Ext.C2 series
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Muhammed Hashim et al vs Vimala et al regarding rent enhancement
Case Code Year
Case between Muhammed Hashim et al vs Vimala et al regarding rent enhancement