Case Summary
Petitioner filed petitions seeking fair rent fixation for shop rooms rented to Civil Supplies Corporation, due to unpaid arrears and undervalued rent compared to neighboring properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixation
Case Type
Rent Control Petition
Final Judgment
No
The Rent Controller ordered fair rent fixation for the shop rooms of the petitioner at increased rates from the existing undervalued rents.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Evidence adduced by the petitioner remained unchallenged since considering the rent none being paid by the respondent, I hold a view that the rent has to be increased in accordance with the rent of the similarly situated rooms.
Judgment Evidence:
RCP.16/2015, RCP.18/2015, and RCP.20/2015 are allowed under Section 5(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 as follows
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ahammedkutty
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Regional Manager, Supply CO, Regional Office, Palakkad
- Party Role
- Defendant
- Party Name
- Depot Manager, Supply CO Taluk Depot, Moochikkal, Meenadathur Post, Tirur
- Party Role
- Defendant
- Party Name
- Managing Director, Kerala State Civil Supplies Corporation
Plaintiffs Documents
Registered Lawyer Notices, Acknowledgments
Defendants Documents
Commissioner's Report, Sketch
Advocates
Reliefs
Relief Type:
Fair Rent Fixation
Outcome:
Granted
Description:
Fair rent of the petition schedule buildings fixed at increased rates from 21.11.2013
Evidence:
RCP.16/2015, RCP.18/2015, and RCP.20/2015 are allowed under Section 5(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 as follows
Documents & Evidence
Document Type:
Registered Lawyer Notices
Submitted By:
Plaintiff
Relevance:
Sent to respondent demanding increased fair rent
Reference:
A1 to A12
Document Type:
Commissioner's Report
Submitted By:
Defendant
Relevance:
Reported resources and amenities in the area
Reference:
C1
Document Type:
Sketch
Submitted By:
Defendant
Relevance:
Sketch of the property and surroundings
Reference:
C2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Fair rent fixation
Case Code
Case between Ahammedkutty vs Kerala State Civil Supplies Corporation et al regarding fair rent fixation
Case Code Year
Case between Ahammedkutty vs Kerala State Civil Supplies Corporation et al regarding fair rent fixation