Case Summary
Jose Mathew filed a Rent Control Petition against Shaffi Kurumpelil for the fixation of fair rent for a property in Kottayam. The petitioner claims that the current rent is inadequate and seeks an increase based on market rates.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fixed fair rent at Rs.69,300 per month with 5% annual enhancement.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition ex parte, fixing the fair rent for the property at Rs.69,300 per month with an annual enhancement of 5%.
Why Plaintiff Won:
The petitioner's evidence and market comparables supported the claim for increased rent.
The petitioner's evidence and market comparables supported the claim for increased rent.
Losing Side's Weaknesses:
The petitioner's evidence and market comparables supported the claim for increased rent.
The petitioner's evidence and market comparables supported the claim for increased rent.
Supporting Evidence
Considering the petitioner’s uncontroverted evidence and documents on record. Under Section 5 of the Kerala Buildings (Lease and Rent Control) Act, 1965, the Rent Control Court, while fixing the fair rent, is required to consider the prevailing rent in the locality for similar buildings...
Judgment Evidence:
In the result, the petition is allowed ex parte. The fair rent of the petition schedule building, having an area of 770 square feet situated in the ground floor of Kudakaseri Centre, Kottayam, is hereby fixed at Rs.69,300/- (Rupees Sixty-Nine Thousand and Three Hundred only) per month, with effect from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jose Mathew
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaffi Kurumpelil
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Building Tax Receipt, Property Tax Receipt, License Deed executed between the petitioner and M/s Hope Water Ventures Pvt. Ltd., Certified copy of Lease Deed No. 1275/2013.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.Karjet
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Rent Fixation
Outcome:
Granted
Description:
Fixation of fair rent for the petition schedule premises.
Evidence:
Accordingly, this Court finds that the fair rent for the petition schedule building shall be fixed at Rs.69,300/- per month, subject to 5% annual enhancement.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Produced to substantiate the claim for fixation of fair rent.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Produced to substantiate the claim for fixation of fair rent.
Reference:
Ext.A2
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Shows rent at Rs.87.37 per square feet and annual enhancement of 5%.
Reference:
Ext.A3
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Evidences rent at Rs.100/- per square feet with a similar 5% enhancement clause.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
RCP.
Case Code Year
2024