STATE BANK OF INDIA Vs. PRASANNA KUMARI

JUDGEMENT

(1.) The revision petitioner is the tenant against whom the respondent/landlord had filed RCP No. 75/2011, before the Rent Control Court, Thiruvananthapuram seeking an order fixing the fair rent of the petition schedule building owned by him and occupied by the revision petitioner (the parties shall be hereinafter referred to as they figure in the Rent Control Petition).

(2.) According to the petitioner, the tenancy commenced on 08/12/2000 and the respondent is in occupation of an area having an extent of 2500 square feet. As per the lease deed, the rent was fixed at the rate of Rs. 4.25/- square feet. Subsequently, as per the terms of the agreement on 03/04/2009, the respondent agreed to revise the rent at the rate of 25% every five year. The present rate of rent is Rs. 6.25/- per square feet. According to the petitioner, the present rate of rent is far below the rate of rent prevailing in the locality for similar buildings. Hence, the petitioner prayed for an order fixing the fair rent of the building at the rate of Rs. 20/- per square feet.

(3.) The respondent resisted the claim for enhancement of rent contending that there is no need for fixing fair rent as there is specific provision in the rent deed requiring revision of rent on completion of every five years. The rent was revised on two occasions as per the terms of agreement and the present rate of rent is Rs. 15,616/-, that is, Rs. 6.25/- per square feet. So, the demand for rent at the rate of Rs. 20/- per square feet is exorbitant and unreasonable. Where the rent deed itself contains provision for periodical enhancement of rent at a specified rate, the Rent Control Petition seeking enhanced rent, at a rate more than the specified rate, is not maintainable.