K.V.Reena vs Society For Prevention Of Cruelty To ...
2024 Latest Caselaw 16806 Ker

Kerala High Court

K.V.Reena vs Society For Prevention Of Cruelty To ... on 12 June, 2024

Author: Amit Rawal

Bench: Amit Rawal

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                     &
                   THE HONOURABLE MR. JUSTICE EASWARAN S.
         Wednesday, the 12th day of June 2024 / 22nd Jyaishta, 1946

                   IA NO.1/2024 IN RCREV. NO. 52 OF 2024

             RCP 106/2017 OF ADDITIONAL MUNSIFF COURT, KANNUR

            RCA 49/2020 OF ADDITIONAL DISTRICT COURT- III, THALASSERY.

APPLICANT/REVISION PETITIONER:

     K.V.REENA, AGED 64 YEARS, W/O. JANARDHARAN P.K., JYOTHI ENTERPRISES,
     SPCA BUILDING, NEAR MUNICIPAL BUILDING, KANNUR, PIN - 670002

RESPONDENT/RESPONDENT:

     SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS, REP. BY ITS SECRETARY,
     P.C.PRADEEP KANNUR, NEAR KANNUR MUNICIPAL OFFICE, KANNUR, PIN -
     670002


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
of the judgment of the Rent Control Appellate Authority, Thalassery in RCA
49/2020 pending disposal of the above revision.

     This Application again coming on for orders upon perusing the
application and the affidavit filed in support thereof, and this court's
order dated 12-04-2024 and upon hearing the arguments of Sri.
K.P.BALASUBRAMANYAN, Advocate for the petitioner, the court passed the
following:




                                                                         (P.T.O)
                 AMIT RAWAL & EASWARAN S. , JJ.
                       -------------------------
                       R.C.R. No.52 of 2024
                  -----------------------------------
               Dated this the 12th day of June 2024


                                 ORDER

AMIT RAWAL, J.

Inter alia alleges that the landlord had sought the fixation of the

fair rent on the basis of the rent being fixed for a similar building in the

vicinity at the rate of Rs.25,000/-. Though the Rent Controller did not

agree with the said contention and assessed the fair rent at the rate of

Rs.7,000/-, the appellate authority has erroneously, looking at the

commercial value of the building, fixed the rent at Rs.60,390/-. Appellate

Authority had picked up the case of the petitioner as an isolated one by

fixing exponentially high rent whereas, in other matters, the fair rent

was fixed at a reduced rate.

2. Issue notice before admission.

3. There shall be an interim stay of the judgment of the Appellate

Authority with a condition that the petitioner shall continue to pay the

admitted rate of rent of Rs.7,000/- to the landlord, which will be subject

to the outcome of the present Revision and shall pay the arrears within

a period of one month. In case of two defaults in paying the monthly

rent, the interim order granted by this court shall automatically stand

vacated.

Post on 12.8.2024.

Sd/-

AMIT RAWAL, JUDGE

Sd/-

EASWARAN S., JUDGE NS

12-06-2024 /True Copy/ Assistant Registrar