GEORGE Vs. SAIDU MUHAMMED

JUDGEMENT

(1.) Fixation of fair rent on an application for the same by the landlord by invoking S. 5(1) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act') has led to the respective revision petitions filed by the tenant as well as by the landlord. R.C.R. No. 182/2012 is filed by the landlord and R.C.R. No. 354/2012 is filed by the tenant. During arguments, the issue boiled down to one point, viz., the date from which the fixation of fair rent can be made applicable by the Rent Control Court.

(2.) The above argument has come to light in the revision petition filed by the landlord, since the grant of benefit of fixation from the date of filing of the petition, viz., 15.12.2004 has been modified by the Appellate Authority, to be effective from 6.11.2010, i.e. the date of the order passed by the Rent Control Court. The question is whether the same is a permissive mode.

(3.) In the Revision Petition filed by the tenant, various grounds have been stated including the challenge against the amount fixed.