C K JINAN Vs. GIRIDHARAN

JUDGEMENT

(1.) The revision petitioners in RCR.No.264/2016 are the landlords of a shop room bearing door No. 40/433 having 1,051 sq.ft of plinth area situated in the ground floor of a building called Chandrika buildings in MG Road, Ernakulam Town. The revision petitioner in RCR.No. 344/2016 is the tenant of the said shop room conducting a show room of 'NIKE' products.

(2.) Being aggrieved by the order of the Rent Control Court, Ernakulam in RCP.No.173/2012 passed on 31.10.2014 fixing fair rent of the said shop room at the rate of Rs.50 per sq.ft with effect from the date of petition on the motion of the landlords, both parties filed appeals challenging the order before the Rent Control Appellate Authority, Ernakulam. RCA.No. 1/2015 filed by the tenant and RCA.No.3/2015 filed by the landlords, were dismissed by the Appellate Authority by a common order dated 18.06.2016 affirming the order of the Rent Control Court. Being aggrieved by the dismissal of both appeals, the parties have come up in revision before this Court invoking Section 20 of the Kerala Buildings (Lease and Rent Control) Act 1965 (herein after referred to as 'the Act').

(3.) The petition schedule shop room situated in the ground floor of Chandrika Building is part of a four storied building located in Ernakulam Town. The tenancy arrangement between parties commenced in 1970 on initial monthly rent of Rs.1,050/-. The monthly rent was later increased periodically and in 2010, it was further enhanced to Rs.23,903/- per month. According to the landlords, the shop room is provided with all the modern amenities and is also located in a commercially important place having proximity to the Bus and Railway stations. Further, many jewellery shops and famous hotels are also situated within a radius of 200mts. from the petition schedule shop room. The contention of the landlords before the courts below was that the monthly rent of similar shop rooms prevailing in the locality was Rs.120/- per sq.ft and therefore they were also entitled to have fair rent for the schedule shop room enhanced to monthly rent of Rs.1,26,120/- at the same rate per sq.ft. from the date of petition filed under Section 5 of the Act.