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1975 Supreme(Ker) 25

GEORGE VADAKKEL, V.BALAKRISHNA ERADI
IMBICHAMU – Appellant
Versus
IMBICHI PATHUMMABI – Respondent


Judgment :-

1. This revision petition has been referred to us by our learned brother Balagangadharan Nair J. The reference order sets out the facts and the question that arises for decision and, therefore, we will extract the same in full.

"This revision by the tenant arises out of a proceedings brought by the respondent-landlord under the Buildings (Lease and Rent Control) Act for fixation of fair rent.

2. Petitioner is holding a room and an adjacent veranda under the rent deed Ext. Al, at a monthly rent of Rs. 26/-. He has admittedly sub-let them to two parties on Rs. 45/- and Rs. 30/- a month, aggregating to a rent of Rs. 75/-. While so, the Corporation of Calicut, within whose area the premises are situate, revised the property tax assessment with effect from 1965 (Ext. A2 being the relevant extract) and assessed the premises to tax, on the basis of annual rental value of Rs. 427/- and Rs. 300/-, totalling Rs. 727/- which works to a monthly rent of Rs. 60.58. The respondent brought the petition in 1968 asking for fixation of fair rent at Rs. 60.58 and an addition of the maximum permissible increase of 50% a month. To this the petitioner took various defences and contended that th






























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