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ANIL K. NARENDRAN, SATHISH NINAN, P. G. AJITHKUMAR
Rahul – Appellant
Versus
K. Sudheesh, S/O. Krishnankutty – Respondent
ORDER :
Anil K. Narendran, J.
This Rent Control Revision filed under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, arises out of the judgment dated 30.06.2015 in R.C.A.No.43 of 2014 of the Rent Control Appellate Authority (Addl. District Judge-I), Kozhikode and the order dated 15.10.2013 in R.C.P.No.53 of 2010 of the Rent Control Court (Principal Munsiff-II), Kozhikode. R.C.P.No.53 of 2010 was one filed by the 1st respondent herein-landlord, under Section 5 of the Act, seeking fixation of fair rent of the petition schedule building as Rs.5,000/- per month. The original tenant, namely, Manganthara Raveendran, died during the pendency of the Rent Control Petition and his legal representatives were impleaded as supplemental respondents 2 to 4, by the order dated 09.02.2012 in I.A.No.4590 of 2011. They are petitioners 1 and 2 and the 2nd respondent in this Rent Control Revision. The original tenant filed counter in R.C.P.No.53 of 2010, opposing the reliefs sought for. After the impleadment as supplemental respondents 2 to 4, they filed a statement adopting the contentions of the original tenant.
2. Before the Rent Control Court, on the side of the landlord, he was
The court reaffirmed that fair rent determined by Rent Control Courts must reflect current market conditions, considering economic factors and evidence of comparable properties.
Point of Law - Appellate Authority held that the finding of the Rent Control Court that the rent agreed by the landlord and tenant is by mutual consent cannot be sustained
High Court could not have re-appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jur....
While making fixation rent of a building procedure prescribed has to be followed.
The court affirmed that landlords can seek fixation of fair rent under statutory law even during the existence of a long-term lease agreement.
Courts have a duty to ensure that there is no judicial contribution to delay.
Arrears of rent - In order to contest an application for eviction before the Rent Control Court or to prefer an appeal under Section 18 of the Act against any order made on such application, such a t....
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