Case Summary
Mrs. K. Kanchana filed a petition for eviction against Mr. Anoop S.R for non-payment of the enhanced rent for a property leased since 2000. The respondent contested the petition, claiming misjoinder of necessary parties and that the petition was not maintainable.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at Rs.50/- per square feet with 5% annual increase and costs awarded to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, fixing the fair rent at Rs.50/- per square feet and granted costs to the petitioner.
Why Plaintiff Won:
The petitioner provided adequate evidence supporting her claim for rent enhancement based on locality developments and prevailing market rates.
The petitioner provided adequate evidence supporting her claim for rent enhancement based on locality developments and prevailing market rates.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner relies on the significant developments in the locality and the inadequacy of the current rent compared to the market rate, justifying the increase sought.
Judgment 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.50/- per square feet, with 5 % increase on every year.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs. K. Kanchana
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. Anoop S.R
- Relation
- S/o
Plaintiffs Documents
Lease agreement dated 18.05.2015, rent agreement dated 23.04.2018, notarized rent agreements dated 28.07.2017 and 28.11.2018, demand notice dated 07.04.2016.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.R. Milton
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.J. Chackochan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mohandas V.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajagopalan A.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shyam V.K.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Rent Enhancement
Outcome:
Partly Granted
Description:
The petitioner sought to enhance rent to Rs.75/- per square feet.
Evidence:
Thus on over all consideration of entire materials bearing in mind dictum laid down in celebrated decision, Edger Ferus V Abraham Ittycheria (2004 (1)KLT 767), this court is of firm view that rent of petition schedule building can be fixed @ Rs.50/- per sq. ft. (for total area of 3000 sq.ft.) with 5% hike per annum from the date of filing of this petition.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to costs of the proceedings.
Evidence:
Considering nature of petition, this court is of the firm opinion that petitioner is entitled to get costs of the proceedings from respondent and from his assets.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document is the original lease agreement dated 18.05.2015 between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document is the rent agreement dated 23.04.2018 executed between the petitioner and the tenant Siljy’s Electrolysis.
Reference:
Ext.A2
Document Type:
Notarized Copy of Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document is a notarized copy of the rent agreement dated 28.07.2017 executed between the petitioner and the tenant K.R Bakes (P) Ltd.
Reference:
Ext.A3
Document Type:
Notarized Copy of Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document is a notarized copy of the rent agreement dated 28.11.2018 executed between the petitioner and the tenant P.S Soman.
Reference:
Ext.A4
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
This document is the demand notice dated 07.04.2016 issued to the respondent for enhancing the rent.
Reference:
Ext.A5
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
This document is a commission report filed by Advocate Jenneya Mariam Philip.
Reference:
Ext.C1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mrs. K. Kanchana vs Mr. Anoop S.R regarding eviction and rent enhancement
Case Code Year
Case between Mrs. K. Kanchana vs Mr. Anoop S.R regarding eviction and rent enhancement