Case Summary
P.R. Babu, represented by his Power of Attorney holder, seeks eviction of the legal heirs of late Lonappan due to chronic rent arrears and the need for the building for his son's business. The respondents contest the eviction, arguing validity of the lease and their willingness to pay as per the lease agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at Rs. 40 per square foot with 5% increase annually.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, fixing the fair rent at Rs. 40 per square foot with a 5% annual increase from the date of filing the petition. Additionally, the petitioner is entitled to recover the costs of the proceeding.
Why Plaintiff Won:
The petitioner demonstrated the need for a fair rent based on the increased value of the property and the commercial importance of the locality.
The petitioner demonstrated the need for a fair rent based on the increased value of the property and the commercial importance of the locality.
Losing Side's Weaknesses:
The petitioner demonstrated the need for a fair rent based on the increased value of the property and the commercial importance of the locality.
The petitioner demonstrated the need for a fair rent based on the increased value of the property and the commercial importance of the locality.
Supporting Evidence
On appreciation of evidences and materials on record, it can be seen that the petition schedule building is situated in a commercial important locality.
Judgment Evidence:
In the result, the petition under section 5(1) of the Act is allowed thereby fixing the fair rent of the petition schedule building at the rate of Rs. 40/- (Rupees Forty only) per square feet, with 5 % increase on every year from the date of filing of this petition.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.R. Babu
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Reethamma Lonappan
- Party Age
- 76
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sony
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sini
- Party Age
- 49
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- James
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Lease deed dated 18.07.2011
Defendants Documents
Certified copy of lease agreement dated 18.07.2011, Certified copy of order in RCP 175/2014, Certified copy of order in RCP 123/2018, Certified copy of order in RCP 43/2022.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.K. Harish
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ouseph Karuveli
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.A. Johnson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Harikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Cyaric Tom
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Naveen A. Varkey
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Roshan C. Asharaf
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Fixing the fair rent of the petition schedule building at the rate of Rs.40/- per square feet, with 5% increase on every year from the date of filing of this petition.
Evidence:
The petition under section 5(1) of the Act is allowed thereby fixing the fair rent of the petition schedule building at the rate of Rs.40/- (Rupees Forty only) per square feet, with 5 % increase on every year from the date of filing of this petition.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner entitled to get costs of the proceedings from 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:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of lease deed dated 18.07.2011 executed between the petitioner and the deceased Lonappan.
Reference:
Ext.A1
Document Type:
Lease Agreement
Submitted By:
Defendant
Relevance:
Certified copy of lease agreement dated 18.07.2011 executed between the petitioner and the deceased Lonappan.
Reference:
Ext.B1
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Certified copy of order in RCP 175/2014 of this court.
Reference:
Ext.B2
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Certified copy of order in RCP 123/2018 of this court.
Reference:
Ext.B3
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Certified copy of order in RCP 43/2022 of this court.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report in IA 3/2022 in RCP 81/2022 dated 06.01.2023.
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
Non-payment of rent
Case Code
Case between P.R. Babu vs Reethamma Lonappan et al regarding eviction under Section 5(1) of the Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between P.R. Babu vs Reethamma Lonappan et al regarding eviction under Section 5(1) of the Kerala Buildings (Lease and Rent Control) Act.