AVINASH V. SARAF Vs. C. D. JOSE

JUDGEMENT

(1.) This Rent Control Revision is filed by the 1st respondent in R.C.P.No.201/2005 on the files of the Rent Control Court, Ernakulam. He is the tenant in the building bearing No.39/2052, the ground floor portion of the building by name Aiswarya Building, M.G.Road at Ernakulam. The 1st respondent herein is the landlord.

(2.) The revision petitioner has filed the R.C.P. under Sec. 5 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for brevity 'the Act'). The Rent Control Court disposed of the R.C.P. by order dated 31.01.2011 fixing fair rent at the rate of Rs.6,650/- per month and also providing for enhancement of the rent at 10% in every two years. An appeal was preferred by the 1st respondent challenging the order of the Rent Control Court as R.C.A.No.38/2011. That appeal was allowed as per judgment dated 30.08.2013 of the Rent Control Appellate Authority, Ernakulam and the fair rent was refixed as Rs.11,400/- per month with a provision for enhancement at the rate of 15% per annum in every two years.

(3.) The revision petitioner assails the said judgment to be wrong insofar as the Appellate Authority placed reliance on inadmissible evidence and at the same time failed to take into account relevant evidence available on record. It is also contended that the dilapidation of the building and lack of its direct access to the M.G.Road were ignored by the Appellate Authority while enhancing the rate of rent by modifying the order of the Rent Control Court.