Case Summary
The petitioners are the owners of a building in Kozhikode and are seeking to fix fair rent for several rooms currently leased to the respondents. The respondents include the legal heirs of a deceased tenant. The court addresses the need for rent revision based on market conditions and evidentiary submissions regarding property and locality.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at 25/- per sq.ft for RCP 178/18 and 16.70/- per sq.ft for RCP 180/18.
Case Type
Rent Control Petition
Final Judgment
No
The petitions are allowed in part, fixing the fair rent for the scheduled rooms and allowing a periodic increase. Costs are to be recovered from the respondents.
Why Plaintiff Won:
The court found that rent was significantly low compared to market rates and recognized inflation and property value growth as factors necessitating rent adjustment.
The court found that rent was significantly low compared to market rates and recognized inflation and property value growth as factors necessitating rent adjustment.
Losing Side's Weaknesses:
Not available.
Not available.
Supporting Evidence
The fairness of the rent in relation to its surrounding locality and the increase in property values over time justified the adjustments.
Judgment Evidence:
In the result, RCP 178/18 is allowed in part, fixing the fair rent at 25/- per sq.ft. for the first room and at 16.70/- per sq.ft. for the second room, with costs to be recovered.
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.Late Saifudheen A.Dhorajiwala
- Party Role
- Defendant
- Party Name
- Tahira Ali
- Party Age
- 53
- Relation
- D/o.Late Saifudheen A.Dhorajiwala
- Party Role
- Defendant
- Party Name
- Haseena
- Party Age
- 50
- Relation
- D/o.Late Saifudheen A.Dhorajiwala
- Party Role
- Defendant
- Party Name
- Fathima
- Party Age
- 47
- Relation
- D/o.Late Saifudheen A.Dhorajiwala
Plaintiffs Documents
Power of attorney, registered lawyer notices, photographs of the building, tax receipts, and various legal correspondence.
Defendants Documents
Photographs of the building, certified copies of demand registers, and various correspondence regarding rental agreements.
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:
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.
Evidence:
RCP 178/2018 is allowed in part as follows; 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:
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.
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:
The fair rent of the room scheduled in RCP 179/18 is hereby fixed at ₹25 per sq ft per month from the date of this petition up to 06.02.2025.
Evidence:
The fair rent of the room scheduled in RCP 179/18 is hereby fixed at 25/- per sq ft per month from the date of this petition up to 06.02.2025.
Relief Type:
Recovery
Outcome:
Granted
Description:
The fair rent of the room scheduled in RCP 180/18 is hereby fixed at ₹16.70 per sq ft per month from the date of this petition.
Evidence:
The fair rent of the room scheduled in RCP 180/18 is hereby fixed at 16.70/- per sq ft per month from the date of this petition.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioners are entitled for a periodic increase of 15% of the existing rent for both rooms once every two years.
Evidence:
The petitioners are entitled for a periodic increase of 15% of the existing rent for both rooms once every two years up to 06.02.25.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Fazal Muhammed P.T in favour of P.T. Abdusamad.
Reference:
Ext.A1
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. K.K.Krishna Kumar to Saifuddin A.Dhorgiwala.
Reference:
Ext.A2
Document Type:
Reply of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv.KP.Raju to Adv.K.K.Krishna Kumar.
Reference:
Ext.A3
Document Type:
Reply of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv.B.M.Shamsuddin to Adv.K.K.Krishnakumar.
Reference:
Ext.A4
Document Type:
Reply of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv.N.Jalaludheen to Adv.K.K.Krishnakumar.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv.K.K.Krishnakumar to Muhammed Noufal.C.V.
Reference:
Ext.A6
Document Type:
Commission Report and Sketch
Submitted By:
Plaintiff
Relevance:
Provided findings about the location of the scheduled premises.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Provided observations on shop rooms in the same building.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Inspected property and proposed rent for fair rent determination.
Reference:
Ext.C3
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 fair rent fixation
Case Code Year
Case between Pazhayathoppil Abdu samad et al vs Saifuddin.A.Dhorajiwala et al regarding fair rent fixation