Rent Control Petition No.11 OF 2012

Case between Shamsudheen vs Sharbeena regarding fair rent fixation

Court

Rent Controller of Tirur

Judge

Sri. Biju V.G., B.Sc., LL.B., Rent Controller

Order Date

2014-02-24

Duration

1 year 11 months

Case Closed

Mon, 02/24/2014 - 12:00

Judgement document from eCourt website

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Case Summary

Petitioner filed a petition seeking revision of fair rent for a shop room let out to the respondent in 2006, which was voluntarily enhanced to Rs.700 per month in 2009. The respondent disputed the arrears and necessity for further increase.

Judgment Outcome

Plaintiff Won

Interim Order

The fair rent of the petition schedule room is fixed at Rs. 1,200 per month from 2012 with a yearly 5% increase. The petitioner is entitled to recover the costs from the respondent.

Judgment Favored

Plaintiff

Relief Granted

Fair rent fixed at Rs. 1,200 per month

Case Type

Rent Control Petition - Fair Rent Fixation

Final Judgment

The fair rent of the petition schedule room is fixed at Rs. 1,200 per month from 2012 with a yearly 5% increase. The petitioner is entitled to recover the costs from the respondent.

Why Plaintiff Won:
The court found that the current rent paid by the respondent was not fair based on the market rates and other circumstances.

Losing Side's Weaknesses:
Not available

Supporting Evidence

The petitioner's evidence showed discrepancies in rent rates and lack of evidence from the respondent.

Judgment Evidence:

Fair rent of the petition schedule room is fixed at Rs. 1,200 per month from 2012

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Shamsudheen
Party Age: 48
Relation: S/o. Kunhalikutty

Party Role: Defendant
Party Name: Sharbeena
Party Age: 37
Relation: D/o. Mammikutty

Plaintiffs Documents

Rent Agreement, Lawyer Notice, Postal Acknowledgment Card, Plan and Elevation of the Building

Defendants Documents

Commission Report, Plan

Advocates

Reliefs

Relief Type: Fair Rent Fixation

Outcome: Granted

Description:

Fair rent fixed at Rs. 1,200 per month from 2012 with a yearly 5% increase

Evidence:

The fair rent of the petition schedule room is fixed at Rs. 1,200 per month from 2012 with a yearly 5% increase.

Documents & Evidence

Document Type: Rent Agreement

Submitted By: Plaintiff

Relevance:

Scope of the original rent agreement

Reference:

Document Type: Commission Report

Submitted By: Defendant