C M ABDUL AZEEZ Vs. P MANOJ

JUDGEMENT

(1.) The petitioner herein, in his capacity as the landlord, filed a petition under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965, ("the Act" for brevity) claiming arrears of rent from his tenant, the respondent herein, at the rate of Rs.19,845/- per mensem, due on and from 1.8.2007.

(2.) The tenant resisted the petition raising several grounds. He denied the landlord-tenant relationship. He also challenged the tenability of demanding enhanced rent on a stipulation contained in an unregistered Rent Kaicheet.

(3.) The Rent Control Court allowed the petition on all counts. The provision in Annexure-A1 kaicheet stipulating enhancement of rent at the rate of 5% per annum was held to be valid. On its basis, it was held that the rent payable by the tenant was Rs.19,845/- as claimed by the landlord and that the arrears was due from 1.8.2007. Eviction was consequently ordered under the said provision.