Case Summary
The petitioner, Dr. Xavier John, filed a rent control petition against the respondents, Noorudheen P.S. and Jelaludheen V.A., seeking to increase the rent for a building leased to them. The case centers around the fair rent for a commercial property located at Vyttila Junction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at Rs. 35 per sq.ft per month; 10% hike in rent every three years.
Case Type
Rent Control
Final Judgment
No
Why Plaintiff Won:
The evidence presented did not support the petitioner's claim for a higher rent, but it did warrant a fair rent adjustment.
The evidence presented did not support the petitioner's claim for a higher rent, but it did warrant a fair rent adjustment.
Judgment Evidence:
In the result, the petition is allowed. The fair rent of the petition schedule building is fixed at the rate of Rs. 35/- (Rupees Thirty Five) per sq.ft per month.
Parties Involved
Plaintiffs
Dr. Xavier John (54 years)
Pulickal House, Near Lakeshore Hospital, Nettoor, Maradu Village
Defendants
Noorudheen P.S. (58 years)
Aspara Texiles, 30/1018, Vyttila, Kochi682018
Jelaludheen V.A. (50 years)
Aspara Texiles, 30/1018, Vyttila, Kochi682018
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The fair rent of the petition schedule building is fixed.
Evidence:
The fair rent for the petition schedule building is fixed at the rate of Rs. 35/ (Rupees Thirty Five) per sq.ft. per month.
Relief Type:
Damages
Outcome:
Granted
Description:
The petitioner is entitled to realize the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to realize the costs of the petition from the respondent.
Relief Type:
Other
Outcome:
Granted
Description:
The respondent is directed to pay a 10% hike in rent every three years till tenancy is terminated.
Evidence:
The respondent is directed to pay 10% hike in paying the rent on every three years.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a notice sent by the petitioner to the respondents demanding higher rent.
Reference:
Ext.A1
Document Type:
Registration receipt
Submitted By:
Plaintiff
Relevance:
This document relates to the registration of the tenancy agreement.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment of receipt related to the tenancy.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is another acknowledgment of receipt related to the tenancy.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is a reply notice from the petitioner regarding the rent claim.
Reference:
Ext.A5
Document Type:
Property Tax Document
Submitted By:
Plaintiff
Relevance:
This document is a property tax issued that supports the petitioner's claim.
Reference:
Ext.A8
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
This document is a bank statement showing the amounts received as rent.
Reference:
Ext.A9
Document Type:
Letter from Bank Manager
Submitted By:
Plaintiff
Relevance:
This document provides evidence of rental transactions processed through the bank.
Reference:
Ext.A10
Document Type:
Property Tax assessment list
Submitted By:
Defendant
Relevance:
This document relates to the property tax assessment concerning the tenancy.
Reference:
Ext.B1
Document Type:
Account Statement
Submitted By:
Defendant
Relevance:
This document provides an account statement related to the payments made.
Reference:
Ext.B2
Document Type:
Letter
Submitted By:
Defendant
Relevance:
This document is a letter submitted by the defendant regarding the rent.
Reference:
Ext.B3
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
This document is a receipt showing a payment made related to the tenancy.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides findings from the Advocate Commissioner regarding the property.
Reference:
Ext.C1
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
Testimony provided by witnesses supporting the claims of both parties.
Reference: