Case Summary
Nediyaparambath Sreekanth filed a petition seeking fixation of fair rent for a shop room currently rented by P Mohandas. The petitioner contends that the current rent is inadequate due to the property's prime location in Kozhikode.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The fair rent of the petition schedule shop room is fixed at ₹10,000 per month.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed in part, fixing the fair rent for the petition schedule shop room at ₹10,000 per month from the date of the petition with a periodic enhancement.
Why Plaintiff Won:
The court found that the petition schedule property is situated in a commercially significant area with high demand for accommodation.
The court found that the petition schedule property is situated in a commercially significant area with high demand for accommodation.
Losing Side's Weaknesses:
The court found that the petition schedule property is situated in a commercially significant area with high demand for accommodation.
The court found that the petition schedule property is situated in a commercially significant area with high demand for accommodation.
Supporting Evidence
The court considered the locational advantages of the property and prevailing rent rates for similar properties nearby.
Judgment Evidence:
In the result, the petition is allowed in part as follows: 1 The fair rent of the petition schedule shop room is fixed at ₹10,000 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
- Nediyaparambath Sreekanth
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P Mohandas
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice sent by Adv.C.Balachandran, Postal receipt, Acknowledgment Card, Certified copy of Rent receipt issued by Ranjith Building, etc.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.C Balakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sreenivasan PN
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The fair rent of the petition schedule shop room is fixed at 10,000 from the date of the petition and a periodic enhancement at the rate of 10% in every 3 years.
Evidence:
In view of my findings on points nos. 1 and 2, the petition is liable to be allowed in part.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent by Adv.C.Balachandran to P Mohandas.
Reference:
Ext.A1
Document Type:
Reply of Lawyer Notice
Submitted By:
Defendant
Relevance:
Reply of lawyer notice sent by Adv.P.N.Sreenivasan to Adv.C.Balachandran.
Reference:
Ext.A2
Document Type:
Rent Receipt
Submitted By:
Plaintiff
Relevance:
Certified copy of Rent receipt issued by Ranjith Building for the month of August and September 2018.
Reference:
Ext.A3
Document Type:
Rent Receipt
Submitted By:
Plaintiff
Relevance:
Certified copy of Rent receipt issued by Ranjith Building for the month of December 2021.
Reference:
Ext.A4
Document Type:
Rent Receipt
Submitted By:
Plaintiff
Relevance:
Rent receipt issued by PC Viswanathan for the month of December 2021.
Reference:
Ext.A5
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Certified copy of Order in RCR 178/2015 of High Court of Kerala.
Reference:
Ext.A6
Document Type:
Rent Receipt
Submitted By:
Plaintiff
Relevance:
Rent receipt issued by Ponnambath building for the month of June 2021.
Reference:
Ext.A7
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building Tax receipt issued by Kozhikode Corporation to Sreekanth.
Reference:
Ext.A8
Document Type:
Gazette
Submitted By:
Plaintiff
Relevance:
Copy of Kerala Government Gazette showing the Fair Value of area including petition schedule shop room.
Reference:
Ext.A9
Document Type:
Certified Copy of Fair Order
Submitted By:
Plaintiff
Relevance:
Certified copy of Fair order in RCP 12/20 of Rent Controller /Principal Munsiff-1, Kozhikode.
Reference:
Ext.A10
Document Type:
Rent Receipt
Submitted By:
Plaintiff
Relevance:
Rent receipt issued by Ponnabath Building for the month of April.
Reference:
Ext.A11
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Certified copy of Commission report in RCP 12/20 filed by Adv. Akshay Kammath.
Reference:
Ext.A12
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv.Vishnu Yuvaraj, Advocate commissioner.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report with Plan filed by Adv.Vishnu Yuvaraj.
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
Fixation of fair rent
Case Code
Case between Nediyaparambath Sreekanth vs P Mohandas regarding fixation of fair rent
Case Code Year
Case between Nediyaparambath Sreekanth vs P Mohandas regarding fixation of fair rent