V M PAILEE Vs. ANNA JOHN CHACKOLA

JUDGEMENT

(1.) The revision petitioner is the tenant under the respondent herein. The respondent/landlord filed an application under Sec.5 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'), seeking fixation of fair rent. According to the landlord, tenancy has commenced in the year 1959 and the rent was Rs.20/- only. Thereafter, it was enhanced to Rs.60/- and the said rent is inadequate, considering the development and potentiality of the place where the petition schedule building is situated, inflation and resultant increase in the cost of living index etc. The landlord further contends that the petition schedule building is situated in the heart of Cochin City, a junction, known as "Thevara" very near to the 'Sacred Heart College" and Cochin Shipyard etc. It is 500 Mtrs. Away from 'Thevara Junction'. The fair value of the property assessed in that area is Rs.24,93,750/- per cent. Thus, the building is located in an area classified as commercially important land by the Government. In the prevailing circumstances and due to the commercial importance of the locality, where the building locates, the respondent is entitled to get fair rent. In the above premises, the respondent/landlord filed the aforesaid application.

(2.) The revision petitioner/tenant contended that the locality is so important, as claimed by the landlord; but he admitted that the existing rate of rent of th petition schedule building is Rs.60/- only and he made an offer to pay Rs.180/- per month. The tenant further contends that the building is an old fashioned one and the amenities provided to him are not sufficient. He is conducting a tailoring works of Naval service personnel and getting income for livelihood only. Therefore, the landlord is not entitled to get the enhanced rent. The petition schedule building is a 50 year old structure; but the landlord has not undertaken any repairing works. Thus, there is no basis for seeking enhanced rent.

(3.) On the aforesaid rival pleadings, both parties adduced evidence - both oral and documentary. P.Ws.1 and 2 were examined and Exts.A1 to A8 were marked from the side of the landlord and R.W.1 was examined and Exts.B1 to B2(a) were marked from the part of the tenant. The Commission Report was marked as Ext.C1.