Case Summary
Petitioner seeks fair rent fixation for a room leased to the respondent, citing arrears and market comparisons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at Rs. 6,000 per month from 25.03.2015
Case Type
Rent Control Petition - Fair Rent Fixation
Final Judgment
No
The court fixed the fair rent at Rs. 6,000 per month from March 25, 2015, and directed the petitioner to recover costs from the respondent.
Why Plaintiff Won:
The court considered market comparisons, amenities provided by the petitioner, and the locality's commercial value to determine the fair rent.
The court considered market comparisons, amenities provided by the petitioner, and the locality's commercial value to determine the fair rent.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Considering the increase in land value, inflation and variation in the cost of living index an increase in the rate of rent at a reasonable rate can be granted. The fair rent for the petition schedule room was fixed @ Rs. 15 per square feet, granting the petitioner a monthly rent of Rs. 6,000/- per month.
Judgment Evidence:
1. Fair rent of the petition schedule property is fixed at Rs. 6,000/- per month from 25.03.2015.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Beeran Haji
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ramya.K.
- Party Age
- 35
Plaintiffs Documents
Copy of the registered lawyer notice dated 2-3-2015, Acknowledgment Card dated 04.03.2015
Defendants Documents
None
Advocates
Reliefs
Relief Type:
Fair Rent Fixation
Outcome:
Granted
Description:
Fair rent fixed at Rs. 6,000 per month from 25.03.2015
Evidence:
1. Fair rent of the petition schedule property is fixed at Rs. 6,000/- per month from 25.03.2015.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
Petitioner is entitled to realise the entire costs of the proceedings from the respondent or from her assets.
Evidence:
2. Petitioner is entitled to realise the entire costs of the proceedings from the respondent or from her assets.
Documents & Evidence
Document Type:
Copy of the registered lawyer notice
Submitted By:
Plaintiff
Relevance:
Dated 2-3-2015
Reference:
A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Dated 04.03.2015
Reference:
A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by Smt.Neethu.P.T., Advocate Commissioner, Tirur, Dated 23-12-2015
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Filed by Smt.Neethu.P.T., Advocate Commissioner, Tirur, Dated 23-12-2015
Reference:
C2
Case Classification
Case Type
Rent Control Petition - Fair Rent Fixation
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Fixation of fair rent
Case Code
Case between Beeran Haji vs Ramya.K. regarding fair rent fixation
Case Code Year
Case between Beeran Haji vs Ramya.K. regarding fair rent fixation