Case Summary
The petitioners, owners of a building in Kozhikode, seek an increase in the fair rent from their tenants. The respondents are the legal heirs of the deceased tenant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at Rs. 25 per sq.ft for RCP 178/18 and Rs. 16.70 per sq.ft for RCP 180/18.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petitions partially, fixing the fair rent at specific rates for each room and permitted a periodic increase.
Why Plaintiff Won:
The court recognized the commercial importance of the location and prevailing market rent.
The court recognized the commercial importance of the location and prevailing market rent.
Losing Side's Weaknesses:
The court recognized the commercial importance of the location and prevailing market rent.
The court recognized the commercial importance of the location and prevailing market rent.
Supporting Evidence
The existing rent...are on the lower side when compared to the commercial and locational importance, the prevailing rent for similarly placed buildings in the locality, inflation, increasing cost of living etc.
Judgment Evidence:
In the result, RCP 178/18 is allowed in part as follows: 1. The fair rent of the first room scheduled in RCP 178/18 is hereby fixed at 25/- per sq.ft per month from the date of this petition.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pazhayathoppil Abdu Samad
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Pazhayathoppil Fazal Mohammed
- Party Age
- 59
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Pazhayathoppil Nazheer Hussain
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saifuddin A. Dhorajiwala
- Party Role
- Defendant
- Party Name
- Kulsumbai
- Party Age
- 75
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Tahira Ali
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Haseena
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Fathima
- Party Age
- 47
- Relation
- D/o
Plaintiffs Documents
Power of attorney, registered lawyer notices, photographs of the building.
Defendants Documents
Photographs of the building.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.K. Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Vandana Venugopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. B.M. Shamsuddin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner sought a fixation of fair rent for the scheduled premises.
Evidence:
The fair rent of the first room scheduled in RCP 178/18 is hereby fixed at 25/- per sq.ft per month from the date of this petition.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioners sought fixation of rent for the second room in RCP 178/18.
Evidence:
The fair rent of the second room scheduled in RCP 178/18 is hereby fixed at 16.70/- per sq.ft per month from the date of this petition.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioners sought periodical increase in rent.
Evidence:
The petitioners are entitled for a periodic increase of 15% of the existing rent for both rooms once every two years.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioners sought to realize the cost of the petition from the defendants.
Evidence:
The petitioners are entitled to realize the cost of the petition from the respondents.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document executed in favor of P.T.Abdusamad by Fazal Muhammed P.T, indicating authority to act in the matter.
Reference:
Ext.A1
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A notice sent by Adv. K.K.Krishna Kumar to the deceased respondent regarding the demand for enhanced rent.
Reference:
Ext.A2
Document Type:
Reply of Lawyer Notice
Submitted By:
Defendant
Relevance:
Response from the respondent's Advocate to the petitioner's notice.
Reference:
Ext.A3
Document Type:
Reply of Lawyer Notice
Submitted By:
Defendant
Relevance:
Another response from a different Advocate representing the respondents.
Reference:
Ext.A4
Document Type:
Reply of Lawyer Notice
Submitted By:
Defendant
Relevance:
Further response from the respondents' Advocate to the petitioner.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by Adv. K.K.Krishnakumar to another respondent regarding the demand for rent.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commissioner's report detailing the location and commercial prospects of the scheduled premises.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Follow-up report by the Advocate Commissioner regarding the scheduled premises.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Final report by the Advocate Commissioner confirming the aspects of the scheduled premises.
Reference:
Ext.C3
Document Type:
Arrear Demand Notice
Submitted By:
Plaintiff
Relevance:
Notice from Kozhikode Corporation regarding property tax increase for one of the rooms.
Reference:
Ext.A22
Document Type:
Arrear Demand Notice
Submitted By:
Plaintiff
Relevance:
Another notice related to tax increase for a different room.
Reference:
Ext.A23
Document Type:
Property tax receipts
Submitted By:
Plaintiff
Relevance:
Documents showing the property tax payments regarding the premises, indicating an increase over the years.
Reference:
Ext.A25 to A54
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 Pazhayathoppil Abdu Samad et al vs Saifuddin A. Dhorajiwala et al regarding rent control and fair rent fixation
Case Code Year
Case between Pazhayathoppil Abdu Samad et al vs Saifuddin A. Dhorajiwala et al regarding rent control and fair rent fixation