BERNY @ M.X. PAUL Vs. T.K. FRANCIS

JUDGEMENT

(1.) THE tenant is in revision. The RCR No. 240/2010 is directed against the judgment of the Rent Control Appellate Authority fixing the fair rent of the building in question - the first floor portion of a larger building situated very near to the High Court building, abutting Banerji Road on one side and Mathai Manjoram Road on the other side. The total extent of the petition schedule building is 750 sq.ft. The contract rent was fixed at the rate of Rs.45/ - per month some 40 years ago and the landlord filed the petition under Section 5 seeking fixation of fair rent at the rate of Rs.6/ - per sq.ft. The Rent Control Court after enquiry would fix the fair of the building at Rs. 4.5 per sq.ft. The monthly fair rent fixed was Rs. 3375/ - sq.ft. The Appellate Authority under the impugned judgment has refixed the fair rent at Rs. 2655/ - per month i.e. at the rate of Rs. 3.5 per sq.ft.

(2.) RCR No. 243/2010 is directed against the order of eviction passed by the Rent Control Court under Section 11(2)(b), which was confirmed by the Appellate Authority taking the rate at Rs. 4.5 per sq.ft to be the rent payable by the revision petitioner tenant.

(3.) HAVING regard to the importance of the locality, capital value of the building and various other aspects referred to by the Division Bench of this Court in Edger Ferus v. Abraham Ittycheria : 2004 (1) KLT 767 at paragraph 14 in its judgment, we are of the view that the fair rent fixed by the Appellate Authority is not above the fair rent which is legally payable by the tenant in respect of that building. In short, we do not find any irregularity, illegality or impropriety about the judgment of the Appellate Authority warranting correction by us under the revisional jurisdiction under Section 20 of Act 2 of 1965. RCR No. 240/2010 will stand dismissed in limine.