Case Summary
Shri. S.S.T. Lakshmanan is the petitioner seeking to increase the rent paid by The Kerala State Co-operative Bank Ltd. for a commercial property. The petitioner argues that the current rent is significantly below the market rate and that the bank has refused to revise it despite requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The fair rent of the petition schedule room is fixed at Rs. 120 per square foot, with a 10% annual increase.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, fixing the fair rent of the petition schedule room at Rs. 120 per square foot with a 10% increase every year. The petitioner is also entitled to the costs of the petition from the first respondent.
Why Plaintiff Won:
The petitioner successfully demonstrated that the current rent was significantly below the market rate and had remained uncontroverted by the respondent.
The petitioner successfully demonstrated that the current rent was significantly below the market rate and had remained uncontroverted by the respondent.
Losing Side's Weaknesses:
The petitioner successfully demonstrated that the current rent was significantly below the market rate and had remained uncontroverted by the respondent.
The petitioner successfully demonstrated that the current rent was significantly below the market rate and had remained uncontroverted by the respondent.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 and A2 and Ext. C1 established the petitioner’s case as pleaded by them.
Judgment Evidence:
In the result, the petition allowed as follows; (i) 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.120/- per square feet, with 10 % increase on every year.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shri. S.S.T. Lakshmanan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- N. Nachammai
- Party Age
- 70
- Party Role
- Plaintiff
- Party Name
- M. Meyyammai
- Party Age
- 67
- Party Role
- Plaintiff
- Party Name
- S.S.T. Subramanian
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Saraswathi
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- The Kerala State Co-operative Bank Ltd.
- Relation
- represented by its Managing Director
Plaintiffs Documents
Copy of Lawyer's notice dated 11.08.2014, Reply notice dated 01.11.2014, Commission report dated 15.11.2018.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Harish S.K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.B. Sunil Nath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.K. Subitha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Poonthottam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Philip T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nisha George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner was granted an increase in rent fixed at Rs. 120 per square foot.
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.120/- per square feet, with 10 % increase on every year.
Relief Type:
Cost
Outcome:
Granted
Description:
The petitioner was entitled to recover costs from the first respondent.
Evidence:
The petitioner shall also be entitled for the costs of the petition from the 1st respondent.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer's notice sent to the first respondent concerning the rent adjustment.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice from the first respondent addressing the petitioner's demand.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the property and its surroundings, used to establish the fair rent.
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 Shri. S.S.T. Lakshmanan vs The Kerala State Co-operative Bank Ltd. regarding rent control
Case Code Year
Case between Shri. S.S.T. Lakshmanan vs The Kerala State Co-operative Bank Ltd. regarding rent control