RAHUL Vs. SUDHEESH

JUDGEMENT

(1.) The tenants in RCP No.53 of 2010 are the revision petitioners herein challenging the judgment of the Rent Control Appellate Authority in RCA No.43 of 2014.

(2.) The landlord filed RCP No. 53 of 2010 against the original tenant Mr.Raveendran under Sec. 5 of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred as 'the Act') for fixation for fair rent. The tenanted premises was a building with appurtenant land of two cents, where the tenant was running a saw mill. The agreed rate of rent was Rs.700.00 per month and the rent agreement was dtd. 1/1/1998. After executing the rent agreement on 1/1/1998, there was no revision of rent, and so the landlord approached the Tribunal under Sec. 5 of the Act for fixation of fair rent. Considering the importance of the locality and the amenities enjoyed by the tenant, the landlord claimed Rs.7,800.00 towards monthly rent. The tenant opposed that petition by filing his counter. Since the original tenant passed away, his legal heirs were impleaded as additional respondents 2 to 4 in the RCP. The landlord tenant relationship was not in dispute. The monthly rent fixed as per the agreement also was not in dispute.

(3.) PW1 was examined and Ext.A1 to A6 were marked from the side of the landlord and RW1 was examined from the side of the tenant. Exts.C1,C1(a) and C2 were marked as Court Exhibits.