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R.C.P. No. 201/2014

Case between Shri. S.S.T. Lakshmanan vs The Kerala State Co-operative Bank Ltd. regarding rent control

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2025-01-31
Duration
approximately-10 years 6 months
Case Closed
Fri, 01/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
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.
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 01/01/2014 - 12:00
Case Closed
Fri, 01/31/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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