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T.KOCHU THOMMEN
ASSAN – Appellant
Versus
VELAYUDHAN – Respondent
The criteria for fixing fair rent under the Kerala Buildings (Lease & Rent Control) Act, as derived from the provided legal document, include the following:
Tenurial Nexus with the Building: The applicant must establish a connection or interest in the building, which can be as a tenant or sub-tenant. The statutory definitions of 'landlord' and 'tenant' are crucial in determining this relationship and the applicant's entitlement to seek fixation of fair rent (!) .
Interest in the Building: The applicant's relationship must involve a right or interest that involves the obligation to pay rent for the building. Even a sub-tenant, who has a recognized relationship of tenancy, can apply for fixation of fair rent if this nexus is established (!) .
Nature of the Interest: The fair rent is an attribute of the building itself, not dependent on the financial ability or social status of the occupant. It is determined based on the characteristics of the building, such as age, condition, character, and location, rather than the occupant’s personal circumstances (!) (!) .
Application by Interested Parties: Any person who has a tenurial interest in the building, including sub-tenants, is entitled to apply for fixation of fair rent, provided the relationship with the building is established through the statutory definitions (!) .
Scope of Fair Rent: The fair rent fixed is for the building itself, and it is payable by whoever has a tenurial relationship with the building, whether as a contractual tenant or a statutory tenant. The determination of rent is a matter of the building's characteristics and not the occupant's financial status (!) (!) .
In summary, the key criteria involve establishing a tenurial relationship with the building, focusing on the nature of the interest, and basing the fair rent on the building's attributes rather than the occupant's personal financial capacity.
1. This civil revision petition relates to an application under S. S of the Kerala Buildings (Lease & Rent Control) Act, 1965 ("the Act"). The Rent Control Court as well as the Appellate and the Revising Authorities held that the revision petitioner being a sub-tenant was not entitled to apply under S.5 of the Act for fixation of fair rent.
2. Under S.S, the Rent Control Court may, on the application of either the landlord or the tenant, fix the fair rent for a building. A landlord is defined in sub-section (3) of S.2 of the Act as follows:
"'Landlord' includes the person who is receiving or is entitled to receive the rent of a building, whether on bis own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the building were let to a tenant.
Explanation: A tenant who sub-lets shall be deemed to be a landlord within the meaning of this Act in relation to the sub-tenant"
The statutory definition of "landlord" shows that any person who is entitled to receive the rent of a building is a landlord. The Explanation to the sub
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