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2023 Supreme(Online)(KER) 15667

HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, MOHAMMED NIAS C.P., JJ
ADV. C.N. PONNAPPAN – Appellant
Versus
KIZHAKKEDATHU KUDUMBA TRUST @ MATHOOR DEVASWAM TRUST – Respondent


Advocates:
ADV R.AZAD BABU

ORDER

Mohammed Nias.C.P.J.

The tenant/ revision petitioner challenges the order of the Rent Control Appellate Authority (District and Sessions Court) Alappuzha, in RCA No.5 of 2022, dated 17.01.2023, dismissing the appeal preferred by him confirming the fair rent fixed under Section 5 (1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act').

2. The respondent/landlord filed the petition under Section

5(1) of the Act, contending that the building was let out to the tenant on 11.1.1997 for using the same as an advocate office on a monthly rent of Rs.200/-. There has been no enhancement after the original letting, and the prevailing rent for similar rooms in the locality is Rs.1,500/-. Since the tenant did not pay the same despite the lawyer's notice, the petition was filed seeking a fair rent of Rs.1500/-.

3. The tenant resisted the petition contending that the building was originally a thatched one and that he had replaced the roof strengthening with new rafters and tiles, spending around Rs.15,000/- in May 2009. The landlord has never attended to the periodical maintenance. The tenant contended that the landlord is demanding an unconscionab

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