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2025 Supreme(Online)(Ker) 53081

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
KOCHUNNI ABDULKHADER – Appellant
Versus
GEORGE JOSEPH – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.A.MOHAMED HARIS, SRI.K.M.SALIM, SRI.K.ASHOK SARAN, SRI.P.T.ABHILASH, SMT.ANEESA NAZAR, SHRI.SATHWIK S.J.
For the Respondents: SHRI.PAULSON M.J., SHRI.JINO JOSE, SHRI.TOBIAS BENNY

Dated this the 25th day of November, 2025 A.Muhamed Mustaque, J .

In these revision petitions filed by both the tenant and the landlord, we are required to determine a complex issue regarding the date from which the fair rent should take effect. Given the peculiar circumstances of this case, where the proceedings have remained pending for over ten years from the date of the rent control petition, directing the tenant to pay arrears at the newly fixed fair rent for the entire intervening period would impose an unbearable burden. This is especially so when the difference between the existing rent and the fair rent now determined exceeds 150 times the current payable rent.

2. The petition for fair rent fixation was filed in the year

2013. No doubt, the landlord was getting only a sum of Rs.225/- per month for a shop room having 550 sq.ft. situated in Aluva town. The building is perhaps outdated and not standing with a modern outlook, but its locational importance cannot be overlooked. Considering the above, the Rent Controller, by order dated 27.02.2018, fixed the fair rent at Rs.120/- per sq.ft and directed the tenant to pay Rs.60,600/- per month. In the petition for fixation of fair r

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