Case Summary
The case involves PK Kabeer and others seeking fixation of fair rent for a shop room. Jayachandran, the tenant, contests the proposed increase in rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at 900/- per month with a periodic enhancement at the rate of 10% every 3 years.
Case Type
Rent Control Petition
Final Judgment
No
The petition for fixation of fair rent was allowed in part, setting the fair rent at 900/- per month with periodic enhancements.
Why Plaintiff Won:
The court found merit in the petitioner's claim for fair rent based on the advocate commissioner's report.
The court found merit in the petitioner's claim for fair rent based on the advocate commissioner's report.
Losing Side's Weaknesses:
The court found merit in the petitioner's claim for fair rent based on the advocate commissioner's report.
The court found merit in the petitioner's claim for fair rent based on the advocate commissioner's report.
Supporting Evidence
Considering the locational importance and also the facilities available, I find that the prayer made by the petitioner to fix fair rent at 40,000/- per month is excessive and unreasonable.
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 900/- (Rupees Nine Hundred only) from the date of petition and a periodic enhancement at the rate of 10% every 3 years.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- PK Kabeer
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- PK Thahira
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- PK Rafeeque
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayachandran
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Building tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muneer Ahammed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mudasar Ahammed
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.BM Shamsudheen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Fixation of fair rent for the petition schedule shop room.
Evidence:
The fair rent can be fixed at ₹ 900/- per month. The monthly rent paid as of now is 700/-. Hence, these points are answered accordingly.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioners entitled to recover costs from the respondents.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondents.
Documents & Evidence
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Used to establish ownership and establish a basis for fixing rent.
Reference:
A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided assessment of the condition and rental value of the property.
Reference:
C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Included with the commission report to visualize the property layout.
Reference:
C1(a)
Document Type:
Photograph
Submitted By:
Court
Relevance:
Accompanied the commission report for photographic evidence of the property's condition.
Reference:
C1(b)
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 PK Kabeer et al vs Jayachandran regarding fixation of fair rent
Case Code Year
Case between PK Kabeer et al vs Jayachandran regarding fixation of fair rent