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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, SYAM KUMAR V.M.
Rajaratnam W/o Late Mani – Appellant
Versus
Fathima Rizwana W/o Binu M. Basheer – Respondent
| Table of Content |
|---|
| 1. details of parties and preliminary order. (Para 1 , 2) |
| 2. arguments regarding landlord's evidence. (Para 3) |
| 3. remand proceedings necessitated by prior orders. (Para 4) |
| 4. tenant's arguments and relevant precedents. (Para 5 , 6) |
| 5. rent control guidelines tested against current market trends. (Para 7 , 8) |
| 6. judicial considerations for assessing fair rent. (Para 9 , 10 , 11) |
| 7. final determination of fair rent based on evidence. (Para 12 , 13) |
| 8. conclusion and disposal of the revision petition. (Para 14) |
ORDER :
1. Heard Mr. Harish Gopinath, learned counsel for the petitioners and Mr. S. Abdul Razzak, learned counsel for the respondent.
2. The Appellate Authority, while considering the appeal preferred by the present petitioners/tenants against the order in RCP No. 23 of 2016 fixing the fair rent at Rs. 25/- per sq. ft. per month with effect from the date of the petition, i.e., 19.05.1996, accepted the objections raised and dismissed the appeal preferred by the tenants. However, the order of the Rent Control Appellate Authority was set aside by a Coordinate Bench on 14.07.2025 after extensively referring to the decision in Edger Ferus v. Abraham Ittycheria, 2004 (1) KLT 7
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
The court affirmed that landlords can seek fixation of fair rent under statutory law even during the existence of a long-term lease agreement.
Legal heirs of a deceased tenant retain obligations under tenant laws, despite contesting the tenancy relationship; fair rent can be fixed for the property regardless of tenant status.
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