KOTAMBIYAKATHU SARU Vs. KERALA TRANSPORT COMPA

JUDGEMENT

(1.) The landlady in an application for fixation of fair rent under Sec. 5(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act) is the petitioner in this revision petition. The Rent Control Court dismissed the application, and the decision of the Rent Control Court was affirmed by the Appellate Authority. It is against those decisions that this revision under Sec. 20 of the Act is preferred by the landlady.

(2.) The subject matter of the application is a twostoreyed building within the limits of Ponnani Municipality. The premises was leased out to the respondent on a monthly rent of Rs.125.00 as early as on 1/4/1974. The respondent is using the premises for running its parcel service business. The rent payable in respect of the premises was subsequently enhanced to Rs.425.00 per month. The case set out by the landlady in the application is that the rent which is being paid by the tenant is meagre and that the fair rent of the premises would at any rate be above Rs.7,000.00 per month. The landlady, therefore, prayed for fixing the fair rent of the premises at Rs.7,000.00 per month.

(3.) The Rent Control Court found that no material whatsoever has been brought on record by the landlady to establish that rent that is being paid by the tenant is not the fair rent of the premises. Consequently, the application was dismissed. On a reappraisal of the materials on record, the appellate authority affirmed the decision of the Rent Control Court. As noted, it is aggrieved by the said decisions of the authorities below that this revision petition is filed.