Case Summary
Farhana Latheef, the petitioner, seeks to fix fair rent for a building leased to Kerala State Co-Operative Bank Ltd, which has not executed a renewal agreement despite demands. The bank argues the current rent is adequate due to local economic conditions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fixed fair rent at the rate of Rs. 40/- per square foot with 5% increase annually.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The court found the previous rent inadequate considering the market conditions and the location's commercial importance.
The court found the previous rent inadequate considering the market conditions and the location's commercial importance.
Judgment Evidence:
In the result, the petition allowed as follows; 1. The petition under Section 5(1) of the Act is allowed thereby fixing the fair rent of the petition schedule room at the rate of Rs.40/- per square feet, with 5% increase on every year from the date of filing of this petition.
Parties Involved
Plaintiffs
Farhana Latheef (33 years)
H.No: 33/1563 C, 'Kavanadu House', Haritha Road, Vennala P.O, Kochi-682028
Defendants
Kerala State Co-Operative Bank Ltd (Age not specified years)
Regional Office, Sahakarana Sathabdi Mandiram, Kovilakathupadam, Thiruvampady P. O, Trissur, PIN-680022
Kerala State Co-Operative Bank Ltd (Age not specified years)
Kaloor Branch, Ernakulam, Kochi. PIN-682 017
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
The fair rent was fixed at Rs.40/- per square feet.
Evidence:
The petition under Section 5(1) of the Act is allowed thereby fixing the fair rent of the petition schedule room at the rate of Rs.40/- per square feet, with 5% increase on every year from the date of filing of this petition.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner shall also be entitled for the costs of the petition from the respondents.
Evidence:
Considering nature of petition, this court is of the firm opinion that petitioner is entitled to get costs of the proceedings from respondents and from their assets.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice demanded fixation of rent at Rs.50/- per square feet.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of acknowledgment of the legal notice.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of acknowledgment of the legal notice.
Reference:
Ext.A3
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
This lease deed was used to show previous rental agreements.
Reference:
Ext.A4
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
This lease deed was referenced to demonstrate market rental rates.
Reference:
Ext.A5
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
These minutes show the negotiation for fixing the rent.
Reference:
Ext.A6
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of the petitioner.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was referenced but not accepted as evidence.
Reference:
Ext.C1