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R.C.P. No. 47/2018

Case between Dr. Xavier John vs Noorudheen P.S., Jelaludheen V.A. regarding Rent Control

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SRI. REGHUNATH N.S.
Order Date
2024-01-30
Duration
approximately-5 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The petition filed by Dr. Xavier John was allowed, and the fair rent for the building was fixed at Rs. 35 per sq.ft per month. The respondents were also directed to pay a 10% hike in rent every three years until termination of tenancy.
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
The petition filed by Dr. Xavier John was allowed, and the fair rent for the building was fixed at Rs. 35 per sq.ft per month. The respondents were also directed to pay a 10% hike in rent every three years until termination of tenancy.
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.
Losing Side's Weaknesses:
Not available
Supporting Evidence
Upon considering the available evidence on record, it can be seen that the petition schedule building is having 60 years of old and not a new building similar to the corporation building situated nearby.

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

Parties

Party Role
Plaintiff
Party Name
Dr. Xavier John
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
Noorudheen P.S.
Party Age
58
Party Role
Defendant
Party Name
Jelaludheen V.A.
Party Age
50
Plaintiffs Documents
Copy of lawyer notice, Registration receipt, Acknowledgement cards, Property Tax issued from Kochi Municipal Corporation.
Defendants Documents
Property Tax assessment list, Account statement from 01.01.2018 to 01.04.2018.

Advocates

Party Role
Plaintiff
Advocate Name
N.C. Joseph
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
M.P. Rexy
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
T.B. Gafoor
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K. Mohan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
M.I. Anwar Sadath
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
A.E. Aliyar
Appearance Type
Assisting Counsel

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:

Case Classification

Case Type
Rent Control
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Dr. Xavier John vs Noorudheen P.S., Jelaludheen V.A. regarding Rent Control
Case Code Year
Case between Dr. Xavier John vs Noorudheen P.S., Jelaludheen V.A. regarding Rent Control

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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