Jose vs N.S.S.Karayogam Reg.No.3222
2023 Latest Caselaw 8785 Ker

RCR Nos.160 & 163 of 2023              1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
          THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                       &
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
       FRIDAY, THE 11TH DAY OF AUGUST 2023 / 20TH SRAVANA, 1945
                            RCREV. NO. 160 OF 2023
              AGAINST THE ORDER IN RCP 25/2012 OF THE RENT
                            CONTROLLER,IRINJALAKUDA
 RCA 32/2019 OF THE RENT CONTROL APPELLATE AUTHORITY, IRINJALAKUDA
REVISION PETITIONER/RESPONDENT/RESPONDENT:

              FRANCIS, AGED 56 YEARS
              PROPRIETOR OF MANJALY'S MARGIN FREE, S/O MANJALY
              PORINCHU FRANCIS, AGED 56,
              ROOM NO.1/262, KUNDUKAVU THEKKE NADA GOPURAM COMPLEX,
              AMBALLUR, ALGAPPA NAGAR POST,MUKUNDAPURAM TALUK
              THRISSUR DISTRICT, PIN - 680302

              BY ADV M.K.DILEEP KUMAR


RESPONDENT/PETITIONER/APPELLANT:

              N.S.S.KARAYOGAM, REG.NO.3222
              REPRESENTED BY ITS PRESIDENT,
              AMBALLUR ALAGAPPA NAGAR POST,
              MUKUNDAPURAM TALUK,THRISSUR DISTRICT., PIN - 680302

      THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
11.08.2023, ALONG WITH RCRev..163/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 RCR Nos.160 & 163 of 2023              2




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
          THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                       &
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
       FRIDAY, THE 11TH DAY OF AUGUST 2023 / 20TH SRAVANA, 1945
                            RCREV. NO. 163 OF 2023
        AGAINST THE ORDER/JUDGMENT IN RCP 17/2012 OF THE RENT
                            CONTROLLER,IRINJALAKUDA
 RCA 25/2019 OF THE RENT CONTROL APPELLATE AUTHORITY, IRINJALAKUDA
REVISION PETITIONER/RESPONDENT/RESPONDENT:

              JOSE, AGED 70 YEARS
              PROPRIETOR OF TRUST LAB,
              S/O ENOKARAN CHAKKAPPAN, ROOMNO.1/234,
              KUNDUKAVU THEKKE NADA GOPURAM COMPLEX,
              AMBALLUR, ALGAPPA NAGAR POST,
              MUKUNDAPURAM TALUK
              THRISSUR DISTRICT., PIN - 680302

              BY ADV M.K.DILEEP KUMAR


RESPONDENT/PETITIONER/APPELLANT:

              N.S.S.KARAYOGAM REG.NO.3222
              REPRESENTED BY ITS PRESIDENT, AMBALLUR
              ALAGAPPA NAGAR POST MUKUNDAPURAM TALUK,
              THRISSUR DISTRICT, PIN - 680302

      THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
11.08.2023, ALONG WITH RCRev..160/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 RCR Nos.160 & 163 of 2023                            3




                       DR.A.K.JAYASANKARAN NAMBIAR
                                     &
                          MOHAMMED NIAS C.P., JJ


                      ............................................................


                          RCRev. Nos.160 and 163 of 2023
                        .............................................................


                       Dated this the 11th day of August, 2023


                                             ORDER

Mohammed Nias C.P., J

These revisions are preferred by the tenants/respondents in RCP

Nos.17/2012 and 25/2012 on the file of the Rent Control Court,

Irinjalakuda, aggrieved by the common judgment in RCA Nos.25/2019 and

32/2019 on the files of the Rent Control Appellate Authority, Irinjalakuda,

modifying and enhancing the rate of rent fixed by the Rent Control Court.

2. The Rent Control Petitions were filed by the landlord, the

respondent herein, for fixing the fair rent under Section 5 of the Kerala

Buildings (Lease and Rent Control) Act, 1965 (for short, 'Act'). The Rent

Controller fixed Rs.6/- per square feet as rent for rooms at the ground floor,

Rs.4 per square feet for rooms on the first floor, and Rs.3/- for rooms on the

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 the 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 authorities allowed 7.5% annual

periodical enhancement on the fair rent fixed.

3. Some of the tenants had filed RCR Nos.28, 29, 34, 38, 39, 41, 50,

51, 58, 59, and 62 of 2021 and 91, 97, 104, 110, 112, 146, 152, 167, 173,

189, 190, 191 and 197 of 2022 before this Court challenging the common

judgment impugned herein as well, and by order dated 23.12.2023 in the

above-mentioned Rent Control Revisions, this Court partly allowed the

revisions as follows:-

"(i) We affirm the order fixing the fair rent of the

Appellate Authority.

(ii) We modify the impugned orders allowing

enhancement only on every three years reckoning

from the date of orders in the Rent Control Petition at

10% of the existing rate at the time of enhancement.

(iii) We also modify the fixation of fair rent from the

date of petition and allow the landlord to claim the

rent only from the date of order of the Rent

Controller."

In view of the above, these revisions are also disposed of on identical

lines, and the directions extracted above will govern these revisions as well.

The Rent Control Revisions are allowed as above.

Sd/-

DR.A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE

okb/