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2022 Supreme(Online)(KER) 4604

HIGH COURT OF KERALA
M/S.BATA INDIA LTD – Appellant
Versus
C.A.SANTHAKUMARI – Respondent


Advocates:
P.P. Balan, K.A. Salil Narayanan

J U D G M E N T

A. Muhamed Mustaque, J This revision is filed at the instance of the tenant.

The tenant is M/s. Bata India Ltd. They are in occupation of the building which is used for godown, belonging to the respondents. The respondents approached the Rent Controller for fixing the fair rent. That has been allowed. The appellate Court also affirmed the fixation of the fair rent.

2. The dispute now in this case is in regard to the quantum of the rent fixed. The original rent payable by the tenant was of Rs.6,000/-. Thereafter, it was enhanced to Rs.9,360/- from 2008 onwards. In the year 2010, the respondents approached the Rent Controller to fix the fair rent at the rate of Rs.20,000/- per month.

3. The evidence in this case consists of oral evidence of the parties as well as the commission report of the Advocate Commissioner who was appointed in this matter to inspect the locality and other parameters required to fix the fair rent.

4. After evaluation of the oral evidence and the advocate commissioner's report, the Rent Controller fixed the monthly rent as Rs.15,000/- with a periodical enhancement of 10% every year. Aggrieved by that order, the revision petitioner-tenant approached t

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