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R.C.P. No. 98/2021

Case between Salam et al vs C.M. Subair regarding fair rent

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR
Order Date
2025-12-20
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, Salam and others, are landlords seeking to fix fair rent for a commercial shop occupied by C.M. Subair as a tenant. The petitioners claim that the tenant has not paid rent for years and the rent must be increased based on market rates due to commercial developments in the area.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the landlords' petition, fixing the fair rent for the shop at Rs.50/- per square foot with a 5% annual increase.
Judgment Favored
Plaintiff
Relief Granted
Fixed fair rent at Rs.50/- per square foot and costs of the petition.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the landlords' petition, fixing the fair rent for the shop at Rs.50/- per square foot with a 5% annual increase.
Why Plaintiff Won:
The petitioners provided sufficient evidence to establish the need for a rent increase due to commercial developments in the area.
Losing Side's Weaknesses:
The petitioners provided sufficient evidence to establish the need for a rent increase due to commercial developments in the area.
Supporting Evidence
Thus, the very attempt of respondent to impeach commercial development projected by petitioners to which petition schedule building form part appears, to be a futile attempt and is untenable.

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.50/- per square feet from the date of filing of this petition, with 5 % increase on every year.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Salam
Party Age
55
Relation
S/o
Party Role
Plaintiff
Party Name
Saly
Party Age
51
Relation
S/o
Party Role
Plaintiff
Party Name
Sakeer
Party Age
47
Relation
S/o
Party Role
Plaintiff
Party Name
Sameer
Party Age
42
Relation
S/o
Party Role
Defendant
Party Name
C.M. Subair
Relation
S/o
Plaintiffs Documents
Copy of lawyer's notice dated 21.01.2020, Copy of lawyer's notice dated 30.03.2021.
Defendants Documents
Building Tax Receipt dated 05.01.2024.

Advocates

Party Role
Plaintiff
Advocate Name
Joby Jacob Pulickekudy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Dajish John
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Harikrishnan P.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
K.G. Cleetus
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Paul N.N
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Fixing the fair rent of the petition schedule room at Rs.50/- 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.50/- per square feet from the date of filing of this petition, with 5 % increase on every year.
Relief Type: Other
Outcome: Granted
Description:
Costs of the proceedings awarded to the petitioners.
Evidence:
The petitioner shall also be entitled for the costs of the petition.

Documents & Evidence

Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
The court referenced this notice to establish that the petitioners requested fair rent and demanded arrears.
Reference:
Ext.A1
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
The court noted this notice as part of the communication regarding payment of fair rent.
Reference:
Ext.A3
Document Type: Commission Report and Sketch
Submitted By: Court
Relevance:
The court used this report to determine the fair rent based on the condition and location of the petition schedule room.
Reference:
Ext.C1 series
Document Type: Building Tax Receipt
Submitted By: Defendant
Relevance:
The court acknowledged this exhibit to support the respondent's case regarding tenancy and payment.
Reference:
Ext.B1

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 Salam et al vs C.M. Subair regarding fair rent
Case Code Year
Case between Salam et al vs C.M. Subair regarding fair rent

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 12/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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