UNNIKRISHNAN @ PONNAN Vs. JOHNY JOSEPH PINDIES

JUDGEMENT

(1.) The revision petitioners are the tenants in RCP No.104/2015 on the file of the Rent Control Court, Ernakulam. The said Rent Control Petition was filed under Sec.5 of the Kerala Buildings (Lease and Rent Control) Act seeking an order fixing fair rent of the petition schedule building. The petition schedule building is a two-storied building situated in an extent of 3 cents in Nadama Village, Tripunithura. The said building is having an area of 2600 sq ft. According to the respondents/landlords, the existing rent is Rs.750/- per month and it is the enhanced rent from 15.8.1984 onwards. Originally, the rent was at the rate of Rs.200/- per month. Further, it is the case of the petitioners that the existing rent is a meagre amount only when comparing with the prevailing rent of the similar buildings in the locality. The petition schedule building is situated in the heart of Tripunithura Municipality and the property is worth Rs.50 lakhs per cent. Considering the variation in the living cost and the decrease in the money value caused by inflation, demand for accommodation in the locality, commercial importance of the locality and prevailing rent of similar buildings in the locality, the respondents are liable to pay rent at least at the rate of Rs.60/- per sq ft. The highest rate prevailing in the locality for similar buildings is Rs.110/- per sq ft and the lowest rate is Rs.60/- per sq ft. However, the petitioners prayed for fixing the fair rent at the rate of Rs.40/- per sq ft.

(2.) The respondents resisted the claim for fair rent contending that the building is very old and dilapidated. According to the respondents, the locality is not so important as claimed by the petitioners and the prevailing rent in the locality is also similar to the rent of the petition schedule building. The petition schedule building is situated in a less important locality within the Municipality. None of the buildings in the locality can be compared with the petition schedule building as the petition schedule building is very old one, having more than 50 years old. Hence, the respondents prayed for dismissal of the application seeking fixation of fair rent.

(3.) On the aforesaid pleadings both parties adduced evidence which consists of Ext A1 to A8. On appreciation of the aforesaid evidence the Rent Control Court fixed fair rent at the rate of Rs.12/- per sq ft. In the appeal, the appellate authority confirmed the fair rent fixed by the Rent Control Court and dismissed the appeal. Though, the petitioners also filed a crossobjection seeking enhancement of fair rent fixed by the Rent Control Court, the appellate authority dismissed the said crossobjection also. Thus, the legality and propriety of the methodology adopted by the courts below in fixing the fair rent is under challenge in this revision petition.