T.S.BALAN Vs. E.K.SUMATHY,

JUDGEMENT

(1.) Heard the learned Senior Counsel for the revision petitioner and the learned Senior Counsel appearing for the respondents.

(2.) Revision petitioner has approached this Court challenging the judgment in R.C.A.No.2 of 2015 passed by the Rent Control Appellate Authority, Irinjalakuda. Respondents herein are the respondents in the appeal. The respondents preferred R.C.P. No.33 of 2013 before the Rent Control Court, Kodungalur under Section 5(1) of the Kerala Buildings (Lease and Rent Control) Act,1965(in short 'the Act') for fixation of fair rent. The revision petitioner is a tenant under the respondents in respect of a building, having a carpet area of 505 sq.ft. situated within Kodungalur Municipality. According to the respondents, the building is situated close to Kodungalur sreekudumba temple and in a prominent locality. They would contend that the prevailing market rent per month in the area would be Rs.37/- per sq.ft. Therefore, they demanded a rent of Rs.18,685/- for the tenanted premises.

(3.) The revision petitioner opposed the contentions raised by the respondents and contended that the claim is exorbitant. The building is very old. He was conducting a pesticide business in the premises and he vacated the building in the month of January,2018.