Case Summary
V Doraswami filed a petition seeking fixation of fair rent for a shop leased to 1C Muhammedali and VP Saidalavi. The petitioner claims the rent is significantly low compared to market rates.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at ₹13,000 per month from the date of petition.
Case Type
Rent Control Petition
Final Judgment
No
The petition for fixation of fair rent was allowed in part, setting the new rent at ₹13,000 per month. The petitioner is also entitled to costs from the respondents.
Why Plaintiff Won:
The petition was supported by evidence showing that the existing rent was below market rates.
The petition was supported by evidence showing that the existing rent was below market rates.
Losing Side's Weaknesses:
The petition was supported by evidence showing that the existing rent was below market rates.
The petition was supported by evidence showing that the existing rent was below market rates.
Supporting Evidence
The only available data in order to determine the fair rent is only the rent paid by the adjacent shop rooms. ... the monthly rent paid in respect of the adjacent shop rooms varies around ₹10,000 to ₹20,000.
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 ₹13,000 (Rupees Thirteen Thousand 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
- V Doraswami
- Party Age
- 85
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- 1C Muhammedali
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- 2VP Saidalavi
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice issued by Adv. V Sreenath to C Muhammed Ali, Certified copy of Rent receipt book from 27.3.2024 onwards.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri V Sreenath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Bindu G
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.VT Abdul Raoof
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The petitioner sought fixation of fair rent, which the court partly allowed.
Evidence:
Hence, considering all the factors above discussed, I find that it is just and proper to fix the fair rent of the petition schedule shop room at 13,000/- per month from the date of petition.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The petitioner issued this notice demanding enhanced rent from the respondents.
Reference:
Ext.A1
Document Type:
Rent Receipt Book
Submitted By:
Plaintiff
Relevance:
A certified copy of the rent receipt book was submitted to prove rental payments made by the respondents.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court considered the findings of the Advocate Commissioner's report regarding the property inspection and rent comparison.
Reference:
Ext.C1
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 V Doraswami vs 1C Muhammedali et al regarding fixation of fair rent
Case Code Year
Case between V Doraswami vs 1C Muhammedali et al regarding fixation of fair rent