IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR. JUSTICE EASWARAN S.

WEDNESDAY, THE 12^TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946 RCREV. NO. 193 OF 2022 AGAINST THE JUDGMENT DATED 16.11.2021 IN RCA NO.64 OF 2019 OF ADDITIONAL DISTRICT COURT-VI & RCAA, ERNAKULAM ARISING OUT OF THE ORDER DATED 29.08.2019 IN RCP NO.112 OF 2015 OF III ADDITIONAL MUNSIFF COURT, ERNAKULAM (RENT CONTROL)

REVISION PETITIONERS/APPELLANTS 1 & 3/PETITIONERS 1 & 3:

1 MRS.SEETHA RAMASWAMY, AGED 75 YEARS D/O SACHIDANDA IYER 6A, GANAPATHY LAYOUT , K.K.PUDUR, COIMBATORE, PIN – 641038

2 MRS.LATHA BALASUBRAMANIAM, AGED 71 YEARS D/O SACHIDANDA IYER 13, BHARATHI PARK, 7TH CROSS ROAD, COIMBATORE, PIN – 641011 BY ADVS.

P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH AJAY BEN JOSE MANJUNATH MENON SACHIN JACOB AMBAT V.A.JOHNSON HANI P.NAIR ANNA LINDA V.J HARIKRISHNAN S.

S.SREEKUMAR (SR.)

RESPONDENTS/RESPONDENT & 2ND APPELLANT/ RESPONDENT & 2ND PETITIONER:

1 M/S.CHELUR CORPORATION, CHELUR BUILDINGS, M.G.ROAD, ERNAKULAM. REP. BY ITS MANAGING PARTNER R.JAYASANKAR., PIN – 682035

2 MRS.VIJI WARREN, AGED 73 YEARS D/O SACHIDANDA IYER 16282, TYPHOON LANE , HUNTINGTON BEACH, CALIFORNIA - 92649, U.S.A.REPRESENTED BY POWER OF ATTORNEY HOLDER P.S.SADASIVAM, S/O.P.S.SUNDARESAN, CHARTERED ACCOUNTANT, 201,RADHAKRISHNA ROAD, TASA ROAD, COIMBATORE, PIN – 641038 BY AD V :

SRI M P SREEKRISHNAN THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.06.2024, ALONG WITH RCRev..163/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR. JUSTICE EASWARAN S.

WEDNESDAY, THE 12^TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946 RCREV. NO. 163 OF 2022 AGAINST THE JUDGMENT DATED 16.11.2021 IN RCA NO.65 OF 2019 OF ADDITIONAL DISTRICT COURT-VI & RCAA, ERNAKULAM ARISING OUT OF THE ORDER DATED 29.08.2019 IN RCP NO.112 OF 2015 OF III ADDITIONAL MUNSIFF COURT, ERNAKULAM (RENT CONTROL)

REVISION PETITIONER/APPELLANT IN RCA/RESPONDENT IN RCP:

M/S.CHELUR CORPORATION CHELURBUILDING, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGING PARTNER BY ADVS.

S.SREEKUMAR (SR.)

A.MUHAMMED MUSTHAFA M.P.SREEKRISHNAN RESPONDENTS/RESPONDENTS IN RCA/PETITIONERS IN RCP:

1 SEETHA RAMASWAMY

6A, GANAOATHY LAYOUT, K.K. PUDUR, COIMBATORE-641 038, PIN – 641038

2 MRS. VIJI WARREN, 16282, TYPHOON LANE, HUNTINGTON BEACH, CALIFORNIA-92649, U.S.A, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER,P.S.SADASIVAM, S/O. P.S.SUNDARESAN, CHARTERED ACCOUNTANT, 201, RADHAKRISHNA ROAD, TASA ROAD, COIMBATORE, PIN- 641 001.

3 MRS. LATHA BALASUBRAMANIAN, 13, BHARATHI PARK, 7TH CROSS ROAD, COIMBATORE-641 011, BY ADVS.

MARTIN JOSE P P.PRIJITH(K/233/2005)

THOMAS P.KURUVILLA(K/420-B/2005)

AJAY BEN JOSE(K/729/2012)

MANJUNATH MENON(K/000474/2015)

V.A.JOHNSON(J-733)

HANI P.NAIR(K/194/2006)

R.GITHESH(K/630/2002)

ANNA LINDA V.J(K/1201/2020) HARIKRISHNAN S.(K/497/2019)

SACHIN JACOB AMBAT(K/734/2016)

S.SREEKUMAR (SR.)(S-571)

THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.06.2024, ALONG WITH RCRev..193/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER [RCRev. Nos.193/2022, 163/2022]

1. The present Rent Control Revisions are directed against the judgments of courts below. R.C.P.No.112 of 2015 filed by the landlord was allowed by fixing fair rent as Rs.20/- (Rupees Twenty only) per sq.ft and the appellate authority in R.C.A.Nos.64 and 65 of 2019 reduced the rent to Rs.15/- (Rupees Fifteen only) per sq.ft. Vide order dated 16.11.2021. R.C.Rev.193 of 2022 has been preferred by the landlord against the order in R.C.A.64/2019 for enhancement of the fair rent and R.C. Rev. 163 of 2022 by the tenants against the order of the appellate authority in R.C.A.No.65 of 2019.

2. The facts in brief for adjudication of the controversy are as under:

The tenant had taken the scheduled building in the land comprised in survey No.862 of Ernakulam Village by virtue of the lease deed dated 12.04.1983 at the rent of Rs.3,750/- (Rupees thre