Y.V. RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who has leased out his building to accommodate the Kerala Administrative Tribunal, Additional Bench at Ernakulam, has approached this Court seeking to direct the respondents to execute the rent deed for the period from March, 2021 for 11 months fixing the rate of rent at Rs.20.22 per square feet forthwith. The petitioner also seeks to direct the respondents to pay to the petitioner outstanding rent arrears along with 12% interest from January, 2021 to 31/3/2021 to the tune of Rs.3,04,722.00 and thereafter from March, 2021 rent arrears at 7.5% enhanced rate at the rate of Rs.20.22 per square feet.

(2.) The petitioner states that the petitioner and his parents owned a building named Mercury Chambers. The said building was let out to accommodate the Kerala Administrative Tribunal. The lease was for a period of three years and the rent was fixed at Rs.17.50 per square feet, for 11 months. The said fixation was subject to regularisation and revision of rent by a committee. The committee regularised the rent and allowed revision at the rate of 7.5% after 11 months. A lease deed was executed on 19/3/2018.

(3.) The rent was revised to Rs.18.81 per square feet for a further period of 11 months. Before the expiry of the third lease period, the petitioner and his father expressed their willingness to renew the lease for a further period of three years with a rent enhancement clause, for 11 months. The petitioner states that the delay in execution of the rent deed and non-payment of the rent has resulted in grave prejudice to the petitioner. The respondents are duty-bound to execute rent deed for the period commencing from 1/3/2021 with enhancement of rent to Rs.20.22 per square feet and pay the arrears of rent till date.