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2021 Supreme(Ker) 590

ANIL K.NARENDRAN, M.R.ANITHA
V. M. Abdulla Koya S/o Usman – Appellant
Versus
Thoppil Imbichaminabi D/o K. V. Mamukoya Haji – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: V.T. Madhavanunni, V.A. Satheesh, M.S. Vineeth, M. Vivek Rabindranath.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner is the respondent-tenant in R.C.P. No. 193 of 2012 on the file of the Rent Control Court (Principal Munsiff-II), Kozhikode, a petition filed by the respondent herein-landlord, under Section 5 of the Kerala Buildings (Lease and Rent Control) Act, 1965 for fixation of fair rent of the petition schedule shop room from Rs. 475/- to Rs. 6,000/- per month. The Rent Control Court, by the judgment dated 28.02.2019 fixed the fair rent of the shop room as Rs. 1,800/- per month, with effect from the date of petition, with 10% increase in every three years.

2. The tenant challenged the judgment of the Rent Control Court by filing R.C.A. No. 85 of 2019 before the Rent Control Appellate Authority (1st Additional District Judge), Kozhikode, invoking the provisions under Section 18(1)(b) of the Act. In that appeal, the landlord filed I.A. No. 1 of 2020, invoking the provisions under Section 12(1) and (3) of the Act, seeking an order directing the appellant-tenant to deposit enhanced rent at the rate of Rs. 1,800/- per month, for the period from 10.12.2012 onwards, till date, and continues to deposit the same till the disposal of the appeal, failing w

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