SUPERINTENDENT OF POST OFFICE Vs. PADANNAKKANDY INDIRA

JUDGEMENT

(1.) The revision petitioner is the tenant, who is confronting with an order concurrently passed under Section 5 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). The landlords preferred an application under Section 5 of the Act, seeking an order fixing the fair rent of the petition schedule building. According to the landlords, the building was let out on a monthly rent of Rs.1950/- in the year 2004 and thereafter, there was no enhancement of rent. The petition schedule building is situated at Chirakuni town, which is a commercially important area. There are many public institutions near the petition schedule building. Similarly, the cost of living has increased considerably and the purchasing power of money decreased considerably after the building was let out to the tenant. Therefore, the rent of the petition schedule building requires to be re-fixed.

(2.) The tenant contended that the locality, where the petition schedule building is situated, is not so commercially important, as contended by the landlords. According to the tenant, Chirakuni is only a small town and the building will not fetch a rent of Rs.20,000/- per month, as claimed by the landlords.

(3.) On the aforesaid rival pleadings, both parties adduced evidence consists of the oral testimony of PWs 1 and 2 and RW1 and Exhibits A1 to A4, B1 to B11 and C1 and C2. After considering the aforesaid evidence, on record, the Rent Control Court fixed the fair rent at the rate of Rs.7,500/- per month from the date of order. Feeling aggrieved, the tenant preferred an appeal before the Appellate Authority. The Appellate Authority, after re-appreciating the evidence, on record, confirmed the findings of the Trial Court fixing the fair rent at Rs.7,500/- per month. This Revision is filed challenging the legality, propriety and regularity of the concurrent findings whereby the courts below fixed fair rent at the rate of Rs.7,500/- per month.