FRANCIS Vs. JOSE

JUDGEMENT

(1.) The tenant in the Rent Control Petition is the present revision petitioner. The petition filed by the landlord for fixation of fair rent as per Sec. 5 of the Kerala Buildings (Lease and Rent Control) Act, 1965 ('the Rent Control Act', for short) was allowed by the Rent Control Court and the rent is fixed as Rs.30,000.00 per month. In the appeal preferred by the tenant, the Rent Control Appellate Authority confirmed the order by holding that the rent fixed is reasonable. The said order is under challenge in this revision petition.

(2.) The tenant has been running a wholesale and retail business of selling paper bags, paper cups and other similar goods in the petition-scheduled building. The rental arrangement was originally made between the father and brother of the petitioner and the predecessor-in-interest of the respondent, and the tenancy was later continued by the petitioner. The agreed rent for the building was Rs.3,000.00 per month. According to the respondent, the building measures 1200 Sq.feet. The landlord contended that the tenanted premises is in the middle of a commercially important area in the Thrissur town and the said building is surrounded by prominent commercial and other institutions. Accordingly, the respondent approached the Rent Control Court claiming fair rent at the rate of Rs.50.00 per Sq.feet i.e. Rs.60,000.00 per month.

(3.) The petitioner defended the claim by contending that he has been paying monthly rent of Rs.3,300.00 and the building, which has no parking facility, is situated by the side of a very narrow road having only a width of 12 feet. The consumers of the tenant find it difficult to access the scheduled room through such a narrow road, especially since a toddy shop and a Beverage store - both attracting heavy foot traffic - operate nearby and thus it would be iniquitous to enhance the rent, it is urged.