CHAMAKUNNUMMAL MULLAKOYA THANGAL Vs. CHALIL ABOOBACKER

JUDGEMENT

(1.) The petitioner is the tenant in respect of a building near Vatakara town. The tenancy came into existence in the year 1995. Rent was fixed at 200/- per month. Rent was increased thereafter. The landlord filed R.C.P. No. 99/2010 on the file of the Rent Control Court, Vatakara for fixing fair rent at 1,000/- per month. The Rent Control Court fixed fair rent at 850/- per month with yearly increase at 10%. The tenant filed appeal before the Rent Control Appellate Authority/Additional District Court, Vatakara as R.C.A. No. 59/2012. The Appellate Authority held that fixation of fair rent at 850/- per month was just and proper. However, the yearly increase of rent was reduced from 10% to 8%. The tenant is aggrieved by the judgment of the Appellate Authority as well as the order of the Rent Control Court.

(2.) The building is situated just 2 Kilometers away from Vatakara Railway Station. The Commissioner reported that the building is situated in a commercial area. Rent was fixed at the time of entrustment at 200 in the year 1995. The Rent Control Court considered the facts in detail and held as follows:

(3.) The tenant raised a contention that the electricity was disconnected and thus the amenities were cut by the landlord. He applied before the Accommodation Controller and an order was passed for restoring the amenities. The landlord contended that the electricity was disconnected not by him, but by the Kerala State Electricity Board for non-payment of electricity charges by the tenant. The tenant contended that for all the rooms in the building, there is a common electric meter and it is under lock and key of the landlord. He stated that non-payment of electricity charges was not due to his fault. The courts below held that this issue need not deter the Rent Control Court from fixing fair rent. If the petitioner has availed a remedy before the Accommodation Controller as per the provisions of the Rent Control Act, it is upto him to pursue that remedy in accordance with law. The fixation of rent as 850/- per month with yearly increase of rent at 8% was just and reasonable.