BABURAJAN Vs. SARASU AND ORS.

JUDGEMENT

(1.) THE tenant in a petition for fixation of fair rent has filed this revision against the concurrent findings of the Rent Control Court as well as the Rent Control Appellate Authority. The tenanted premises consists of two rooms that are occupied by the petitioners. According to the petitioners, one room is only a staircase room. Both the rooms form part of an old building. The first room was taken on rent in the year 1957 on a monthly rent of Rs. 2/ -. The second room was taken on a monthly rent of Rs. 12.50/ - per month. The rent has been enhanced by the Rent Control Court to Rs. 500/ - and Rs. 2000/ - per month respectively. The order has been confirmed by the Appellate Authority. It is against the said proceedings that this Revision Petition is filed.

(2.) ACCORDING to Advocate Jacob Abraham who appears for the petitioner, though the building is situate close to the Mavoor Road at Kozhikode, the building in question is an old one with no facilities or amenities comparable to a modern building. The road by the side of which the building is situate, is a narrow bye lane and does not command the commercial importance of Mavoor Road. The Advocate Commissioner has reported that, the rent in the locality ranges between Rs. 1000 and Rs. 1500/ -. In spite of the above, the Rent control Court has fixed the rent for one of the rooms at Rs. 500/ - and the other at Rs. 1500/ - It is the contention of the petitioner that, the petitioner is conducting a ration shop from one of the shop rooms. He gets only commission for the articles sold. Therefore, the income from his business is also not substantial. The above aspects have not been considered by the authorities below. Therefore, it is contended that the proceedings of the authorities below require interference in the revision.

(3.) FOR the above reasons, this revision is dismissed.