Case Summary
The petitioners, landlords, are seeking an enhancement of rent from the respondent, the tenant, who has defaulted in payment since October 2016. The landlords argue that the current rent is significantly lower than the market rate.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent of the scheduled premise is fixed at Rs. 8000/- per month and the respondent is directed to surrender the vacant possession.
Case Type
Rent Control Petition
Final Judgment
No
The court ruled in favor of the petitioners, granting them the relief of enhancing the rent to Rs. 8000 per month and directing the respondent to vacate the premises.
Why Plaintiff Won:
The court found the petitioners justified in seeking rent enhancement based on the prevailing rental rates in the locality.
The court found the petitioners justified in seeking rent enhancement based on the prevailing rental rates in the locality.
Losing Side's Weaknesses:
The court found the petitioners justified in seeking rent enhancement based on the prevailing rental rates in the locality.
The court found the petitioners justified in seeking rent enhancement based on the prevailing rental rates in the locality.
Supporting Evidence
The evidence of PW1 regarding locational importance of the scheduled premises and its growth in recent times stands unchallenged.
Judgment Evidence:
In the result, 1.The fair rent of the scheduled premise is fixed at Rs. 8000/- per month under Section 5 of KBLR Act with effect from the date of filing of this application. 2.That the respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner u/s 11(2)(b) of KBLR Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh Kumar
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Valiyaparambath Unnimadhavan
- Party Age
- 71
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- T.K.Surendran
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shyni
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jayaprakash.T.K
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Copy of legal notice sent by Adv.K.B.Sahasranamam to Jayaprakash.T.K, Postal receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.B.Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muhammed Hussain.K.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Fair rent of the scheduled premises fixed at Rs. 8000/- per month.
Evidence:
In the result, 1. The fair rent of the scheduled premise is fixed at Rs. 8000/- per month under Section 5 of KBLR Act with effect from the date of filing of this application.
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to surrender the vacant possession of the petition scheduled premises to the petitioner.
Evidence:
2. That the respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner u/s 11(2)(b) of KBLR Act.
Relief Type:
Other
Outcome:
Granted
Description:
Execution of the order shall not occur before one month.
Evidence:
3. That the order of this court shall not be executed before the expiry of one month from the date of this order as mandated under Section 11(2)(c) of KBLR Act.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner can realize the costs from the respondent.
Evidence:
4. The petitioner can realize the costs from the respondent.
Documents & Evidence
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Document showing that the petitioner complied with Section 11(2) of KBLR Act and evidence of non-payment of rent by the respondent.
Reference:
Ext.A1 series
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Supporting evidence for the sending of the legal notice.
Reference:
Ext.A1(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Evidence that the respondent received the legal notice.
Reference:
Ext.A1(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
Non-payment of rent
Case Code
Case between Suresh Kumar et al vs Jayaprakash.T.K regarding enhancement of rent
Case Code Year
Case between Suresh Kumar et al vs Jayaprakash.T.K regarding enhancement of rent