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2022 Supreme(Online)(KER) 19740

HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
SARA CHAKKAPPAN
– Appellant
Versus

NSS KARAYOGAM 3222 – Respondent


Advocates:
REJI MATHEW.M, SMT.M.K.MEHRUNISHA BASIMA, SHRI.MATHEW VARGHESE, SRI.N.M.MADHU, SRI.P.P.HARRIS

JUDGMENT

A.Muhamed Mustaque, J

These rent control revisions have arisen from a common order of the Rent Controller and the Appellate Authority fixing fair rent. Commercial complex owned by NSS Karayogam, Alagappa Nagar is in occupation of different tenants. The Rent Controller fixed Rs.6 per square feet as rent for rooms at ground floor, Rs.4 per square feet for rooms on first floor and Rs.3 for rooms on second floor. On a challenge made before the Appellate Authority by the landlord NSS Karayogam, and also by the tenants, the appellate Court modified the order of the Rent Controller by enhancing rate of fair rent at Rs.12, Rs.8 and Rs.5 respectively. Accordingly, the appeal filed by NSS Karayogam was allowed and the appeals filed by the tenants were dismissed. It is to be noted that both the authorities allowed 7.5% annual periodical enhancement on the fair rent fixed.

2. The learned Senior Counsel Sri. Renjith Thampan appearing for the tenants argued that NSS Karayogam is not a legal person and is not competent to institute a petition without recourse to the provisions contained in Order I Rule 8 of the Code of Civil Procedure, 1908. This argument has been raised at the first time i

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