RAJESH R. KARTHA Vs. K.A. ISMAIL

JUDGEMENT

(1.) R .C.R. No. 297 of 2014 is filed by the respondent in R.C.A. No. 15 of 2014, of the Rent Control Appellate Authority, Ernakulam and the petitioner -landlord in R.C.P. No. 82/2012 of the Rent Control Court, Ernakulam. The respondent in the Revision Petition is the appellant in the said R.C.A. and respondent -tenant in the Rent Control Petition.

(2.) R .C.R. No. 316 of 2014 is filed by the appellant in R.C.A. No. 15 of 2014 of the Rent Control Appellate Authority, Ernakulam and the respondent -tenant in R.C.P. No. 82 of 2012 of the Rent Control Court, Ernakulam. The respondent in the R.C.R. is the respondent in the said R.C.A. and the petitioner/landlord in the Rent Control Petition.

(3.) IT is contended by Sri Dinesh R. Shenoy, who has put forth the discontentment of the landlord with the judgment dated 14.08.2014 of the Rent Control Appellate Authority, Ernakulam in R.C.A. No. 15/2014 modifying the fair rent of Rs. 55 per sq. feet fixed by the Rent Control Court by reducing it to Rs. 45 per sq. ft. It is contended at the outset that the Appellate Authority has proceeded on baseless assumptions and surmises to reject the prayer for enhancement of monthly rent at the rate of Rs. 100/ - per sq. ft., that the Appellate Authority failed to appreciate or apply the principles of law laid down by this Court in Edger Ferus v. Abraham Itticheria ( : 2004 (4) KLT 767) and which has been upheld by the Apex Court in, 2009 (4) KLT 673 that the Appellate Authority ought to have considered the best evidence available before it consisting of the oral testimony of P.W. 1, the landlord, P.W. 2 the tenant occupying the third room from the tenanted premises in question which form part of a larger building, namely "Dr. Kartha Complex", Ext. C1, the commission report and Ext. X1 series of rental receipts issued by the landlord in the case in question to P.W. 2 and finally that the Rent Control Appellate Authority, Ernakulam ought to have placed reliance on Ext. C1 commission report wherein the locational advantages of the tenanted premises and the prevalence of rent at the rate of Rs. 20,000/ - per month, for an adjacent room having an area of 160 sq. ft. situated in the building, namely, 'Kartha Complex' of which the petition schedule room is a part, are described.