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1966 Supreme(Ker) 58

C.A.VAIDIALINGAM
AUTO TRANSPORT UNION (P. ) LTD. – Appellant
Versus
CARDAMOM MARKETING CO LTD. – Respondent


Judgment :-

1. In this revision on behalf of the tenant-petitioner, Mr. T. M. Mhaalinga Iyer, learned counsel, challenges the orders of the two subordinate courts fixing fair-rent, making a different approach, for the properties in question.

2. There is no controversy that the petitioner has taken, under a common lease, the three items concerned; and according to the petitioner the contract rent is a sum of Rs. 200/-per month.

3. The petitioner filed an application under S.5 of the Kerala Buildings (Lease and Rent Control) Act, 1959 (Act ZVI of 1959) as amended, hereinafter to be referred to as the Act, for fixation of fair-rent for the

building. It was the claim of the petitioner that the buildings were originally given municipal numbers, as Nos. 144,145 and 146, by the Alwaye Municipality; and later on the items after being renumbered as 220, 202 and 203 respectively now bear the municipal numbers 229, 230 and 232.

4. The petitioner no doubt wanted the fair rent to be fixed at Rs. 53/-per month on the basis that the municipal assessment for these properties at the time of letting in 1124 was Rs. 200/-,146/-and 100/-respectively. No doubt he has made certain other claims regarding ad
































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