Case Summary
Petitioner filed a petition seeking revision of fair rent for a shop room let out to the respondent in 2006, which was voluntarily enhanced to Rs.700 per month in 2009. The respondent disputed the arrears and necessity for further increase.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at Rs. 1,200 per month
Case Type
Rent Control Petition - Fair Rent Fixation
Final Judgment
No
The fair rent of the petition schedule room is fixed at Rs. 1,200 per month from 2012 with a yearly 5% increase. The petitioner is entitled to recover the costs from the respondent.
Why Plaintiff Won:
The court found that the current rent paid by the respondent was not fair based on the market rates and other circumstances.
The court found that the current rent paid by the respondent was not fair based on the market rates and other circumstances.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner's evidence showed discrepancies in rent rates and lack of evidence from the respondent.
Judgment Evidence:
Fair rent of the petition schedule room is fixed at Rs. 1,200 per month from 2012
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shamsudheen
- Party Age
- 48
- Relation
- S/o. Kunhalikutty
- Party Role
- Defendant
- Party Name
- Sharbeena
- Party Age
- 37
- Relation
- D/o. Mammikutty
Plaintiffs Documents
Rent Agreement, Lawyer Notice, Postal Acknowledgment Card, Plan and Elevation of the Building
Defendants Documents
Commission Report, Plan
Advocates
Reliefs
Relief Type:
Fair Rent Fixation
Outcome:
Granted
Description:
Fair rent fixed at Rs. 1,200 per month from 2012 with a yearly 5% increase
Evidence:
The fair rent of the petition schedule room is fixed at Rs. 1,200 per month from 2012 with a yearly 5% increase.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Scope of the original rent agreement
Reference:
A1
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Report on rent rates of nearby rooms
Reference:
C1
Case Classification
Case Type
Rent Control Petition - Fair Rent Fixation
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Shamsudheen vs Sharbeena regarding fair rent fixation
Case Code Year
Case between Shamsudheen vs Sharbeena regarding fair rent fixation