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2010 Supreme(Ker) 419

PIUS C.KURIAKOSE, C.K.ABDUL REHIM
Sreekumaran Nair, Suseela Traders – Appellant
Versus
A. Ponnuswami Chettiyar – Respondent


Advocates Appeared:For the Petitioner:G. Sudheer, Advocate. For the Respondent: No Appearance.

Judgment :-

Pius C. Kuriakose, J.

1. The tenant challenges the order concurrently passed by the Rent Control Court and the Appellate Authority fixing the fair rent in respect of the building under his possession. The contract rent at the time of filing of the Rent Control Petition in 2002 was Rs.280/- per month. The building is one room in a shopping complex situated on Thamarakulam Road within the area of the Kollam Corporation. The respondent/landlord sought for fixation of fair rent at Rs.3,360/- per month. The evidence at trial by the Rent Control Court consisted of Exts.A1 to A6 series, Exts.B1 to B3, oral evidence of PWs 1 and 2 and that of DWs 1 and 2. Ext.A4 was a copy of a rent deed executed in the year 2003 showing that a room measuring 45 sq. feet was let out on a monthly rent of Rs.675/-. The carpet area of the room in question is admittedly 120 sq. feet. Ext.A5 was again a rent deed in respect of an identical room in the very same shopping complex showing that the room was let out in the year 2000 for a monthly rent of Rs.1250/- and Ext.A3 was rent agreement in respect of another room adjacent to the petition schedule room leased out in 2004 on a monthly rent of Rs.1800




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