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
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.
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.
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