Case Summary
P. P. Alikoya is the petitioner seeking an increase in rent from M/s. Muthoot Fin. Corp. Limited based on market value and other factors. The case revolves around the fixation of fair rent for a petition schedule building.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at Rs.75 per sq mt
Case Type
Rent Control
Final Judgment
No
The court allowed the petition and fixed the fair rent of the petition schedule building at Rs.75 per square meter. The respondent is ordered to enhance rent every three years by 10%.
Why Plaintiff Won:
The petitioner proved the need for fair rent based on market conditions and other contemporary rates.
The petitioner proved the need for fair rent based on market conditions and other contemporary rates.
Losing Side's Weaknesses:
The petitioner proved the need for fair rent based on market conditions and other contemporary rates.
The petitioner proved the need for fair rent based on market conditions and other contemporary rates.
Supporting Evidence
The relevant provision, which is the Section 5 of the Kerala Buildings Lease and Rent Control Act reads as follows: The Rent Control Court shall, on application of the tenant or landlord of a building, fix the fair rent for such building after holding such enquiry as it thinks fit.
Judgment Evidence:
In the result, the rent control petition is allowed as follows: 1. The fair rent of the petition schedule room is fixed as Rs.75 per sq mt from the date of petition, that is 05.12.2018. In every three years, there shall be a periodical enhancement of the rent by adding 10 percent of the then rent to the then rent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P. P. Alikoya
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Muthoot Fin. Corp. Limited
- Relation
- represented by its Company Secretary, T. D. Mathan
Plaintiffs Documents
Copy of lawyer notice, Certified copy of registered Kachit bearing No.2362/2018, Certified copy of registered Kachit bearing No.219/2015, Certified copy of registered Kachit bearing No.3139/2014, Certified copy of license agreement
Defendants Documents
Photograph NosB1(a), B1(b), B1(c), B1(d), True copy of building tax assessment register, Building certificate
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. K. Lakshmi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sabu John Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Fixation of fair rent for the petition schedule building.
Evidence:
The fair rent of the petition schedule room is fixed as Rs.75 per sq mt from the date of petition.
Relief Type:
Damages
Outcome:
Granted
Description:
Costs of the proceedings to be paid by the respondents to the petitioners.
Evidence:
The respondents shall pay the costs of the proceedings to the petitioners.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document was submitted as evidence of the petitioner's demand for fair rent.
Reference:
Ext.A1
Document Type:
Registered Kachit
Submitted By:
Plaintiff
Relevance:
This document shows the rent of adjacent buildings to support the petitioner's claim for fair rent.
Reference:
Ext.A2
Document Type:
Registered Kachit
Submitted By:
Plaintiff
Relevance:
The document provides evidence of rent for another similar property to substantiate the claim.
Reference:
Ext.A3
Document Type:
Registered Kachit
Submitted By:
Plaintiff
Relevance:
This document indicates the rental rate for another commercial property in the locality.
Reference:
Ext.A4
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
The agreement evidences a higher monthly license fee compared to the current rent claimed.
Reference:
Ext.A5
Document Type:
Rent Receipt Invoices
Submitted By:
Plaintiff
Relevance:
These documents evidence the payment of rent as per the rent agreement produced.
Reference:
Exts.A6 to A15
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Used to argue about the condition of the petition schedule building.
Reference:
Ext.B1
Document Type:
Building Tax Assessment Register
Submitted By:
Unknown
Relevance:
This document was introduced to present the building tax details.
Reference:
Ext.X1
Document Type:
Building certificates
Submitted By:
Unknown
Relevance:
Provided to show compliance with local building regulations.
Reference:
Ext.X2 series
Case Classification
Case Type
Rent Control
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 P. P. Alikoya vs M/s. Muthoot Fin. Corp. Limited regarding fixation of fair rent
Case Code Year
Case between P. P. Alikoya vs M/s. Muthoot Fin. Corp. Limited regarding fixation of fair rent