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
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.
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
Plaintiffs
Salam (55 years)
Poovathummottil House, Edappally P.O., Toll-Gate, Ernakulam-682024
Saly (51 years)
Poovathummottil House, Edappally P.O., Toll Gate, Ernakulam-682024
Sakeer (47 years)
Poovathummottil House, Edappally P.O., Toll-Gate, Ernakulam-682024
Sameer (42 years)
Poovathummottil House, Edappally P.O., Toll-Gate, Ernakulam-682024
Defendants
C.M. Subair (Age not specified years)
"Akbar Manzi Cheruparambil House, Changampuzha Nagar P.O Kalamassery, Ernakulam-682033"
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