Kerala High Court
Prajesh M.M vs P.Abdhulla Sons (P) Ltd on 12 February, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:11886
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
RCREV. NO. 199 OF 2020
THE JUDGMENT DATED 27.05.2020 IN RCA NO.79 OF 2019 OF II ADDITIONAL RENT CONTROL
APPELLATE AUTHORITY/II ADDITIONAL DISTRICT COURT KOZHIKODE AFFIRMING THE
JUDGMENT DATED 27.02.2019 IN RCP NO.208 OF 2016 OF RENT CONTROL COURT/PRINCIPAL
MUNSIFF COURT-I, KOZHIKODE
REVISION PETITIONERS/APPELLANTS/RESPONDENTS:
1 MOHIYUDHEEN K.M.,
AGED 58 YEARS
S/O KUNJAMMED K.M. MANAGING PARTNER, M/S ELTEX, OYITTY ROAD,
KOZHIKODE, NAGARAM AMSAM AND DESHAM, KOZHIKODE THALUK,
KOZHIKODE-673 001.
2 M/S ELTEX,
OYITTY ROAD, KOZHIKODE-673 001.
BY ADVS. SRI.V.N.HARIDAS
SMT.SIBY.P.JOSE
SRI.K.T.BOSCO
SRI.SAIFUDEEN T.S
SMT.SMITHA GOPINATH
RESPONDENT/RESPONDENT/PETITIONER:
P.ABDULLA SONS (P) LTD.,
REP BY ITS MANAGING DIRECTOR P.IBRAHIM, AGED 70 YEARS, GRAND
BAZAR, KOZHIKODE NAGARAM AMSAM AND DESHAM, KOZHIKODE THALUK,
KOZHIKODE-673 001.
BY ADV. SRI.CIBI THOMAS
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.02.2025, ALONG WITH
RCRev.NO.15/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.C.Rev.Nos.199/2020,15/2021,
16/2021, 17/2021, 18/2021
&
22/2021
2
2025:KER:11886
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
RCREV. NO. 15 OF 2021
THE JUDGMENT DATED 27.05.2020 IN RCA NO.73 OF 2019 OF II ADDITIONAL
RENT CONTROL APPELLATE AUTHORITY /II ADDITIONAL DISTRICT COURT
KOZHIKODE AFFIRMING THE ORDER DATED 27.02.2019 IN RCP NO.202 OF 2016
OF RENT CONTROL COURT/PRINCIPAL MUNSIFF COURT-I, KOZHIKODE
REVISION PETITIONER/APPELLANT/RESPONDENT:
PRAJEESH M.M
AGED 48 YEARS
S/O. SREEDHARAN, MENGONA MEETHAL-H, P.O. OLAVANANNA,
OLAVANNA AMSAM, DESAM, KOZHIKODE TALUK, KOZHIKODE
DISTRICT-673 019
BY ADVS.SRI. V.N.HARIDAS
SMT.SIBY.P.JOSE
SRI.K.T.BOSCO
SRI.SAIFUDEEN T.S
SMT.SMITHA GOPINATH
RESPONDENT/RESPONDENT/PETITIONER:
P.ABDHULLA SONS (P) LTD
REP. BY ITS MANAGING DIRECTOR P. IBRAHIM, AGED 70 YEARS,
GRAND BAZAAR, KOZHIKODE NAGARAM AMSAM AND DESHAM,
KOZHIKODE THALUK, KOZHIKODE-673 001
BY ADV SRI.CIBI THOMAS
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.02.2025,
ALONG WITH RCRev.NO.199/2020 AND CONNECTED CASES, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
R.C.Rev.Nos.199/2020,15/2021,
16/2021, 17/2021, 18/2021
&
22/2021
3
2025:KER:11886
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
RCREV. NO. 16 OF 2021
THE JUDGMENT DATED 27.05.2020 IN RCA NO.75 OF 2019 OF II ND ADDITIONAL
RENT CONTROL APPELLATE AUTHORITY/IIND ADDITIIONAL DISTRICT COURT
KOZHIKODE AFFIRMING THE ORDER DATED 27.02.2019 IN RCP NO.207 OF 2016
OF RENT CONTROL COURT/PRINCIPAL MUNSIFF COURT-I, KOZHIKODE.
REVISION PETITIONER/APPELLANT/RESPONDENT:
P.MOIDEEN KOYA
AGED 51 YEARS
S/O. MAMMUKOYA, KANIYAN KANDI THAZHAM, KRISHNAN NAIR ROAD,
P.O.KARAPPARAMBA, KOZHIKODE TALUK, KOZHIKODE-673 010
BY ADVS.SRI.V.N.HARIDAS
SMT.SIBY.P.JOSE
SRI.K.T.BOSCO
SRI.SAIFUDEEN T.S
SMT.SMITHA GOPINATH
RESPONDENT/RESPONDENT/PETITIONER:
P.ABDULLA SONS (P) LTD.
REP. BY ITS MANAGING DIRECTOR P. IBRAHIM, AGED 70 YEARS,
GRAND BAZAAR, KOZHIKODE NAGARAM AMSOM AND DESOM, KOZHIKODE
TALUK, KOZHIKODE 673 001
BY ADV SRI.CIBI THOMAS
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.02.2025,
ALONG WITH RCRev.199/2020 AND CONNECTED CASES, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
R.C.Rev.Nos.199/2020,15/2021,
16/2021, 17/2021, 18/2021
&
22/2021
4
2025:KER:11886
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
RCREV. NO. 17 OF 2021
THE JUDGMENT DATED 27.05.2020 IN RCA NO.74 OF 2019 OF II ADDITIONAL
RENT CONTROL APPELLATE AUTHORITY/II ADDITINAL DISTRICT COURT KOZHIKODE
AFFIRMING THE ORDER DATED 27.02.2019 IN RCP NO.205 OF 2016 OF RENT
CONTROL COURT/PRINCIPAL MUNSIFF COURT-I,KOZHIKODE
REVISION PETITIONER/APPELLANT/RESPONDENT:
SATHEESHKUMAR C.
AGED 51 YEARS
S/O.VELAYUDHAN, CHEVAKKATTIL HOUSE, VIA KUNNATH PALAM,
P.O.OLAVANNA, OLAVANNA AMSAM DESAM, KOZHIKKODE THALUK,
KOZHIKKODE DISTRICT - 673 019.
BY ADVS.SRI.V.N.HARIDAS
SMT.SIBY.P.JOSE
SRI.K.T.BOSCO
SRI.SAIFUDEEN T.S
SMT.SMITHA GOPINATH
RESPONDENT/RESPONDENT/PETITIONER:
P.ABDULLA SONS (P) LTD.,
REP. BY ITS MANAGING DIRECTOR P.IBRAHIM, AGED 70 YEARS,
GRAND BAZAAR, KOZHIKODE NAGARAM AMSAM AND DESHAM,
KOZHIKODE THALUK, KOZHIKODE - 673001.
BY ADV SRI.CIBI THOMAS
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.02.2025,
ALONG WITH RCRev.199/2020 AND CONNECTED CASES, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
R.C.Rev.Nos.199/2020,15/2021,
16/2021, 17/2021, 18/2021
&
22/2021
5
2025:KER:11886
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
RCREV. NO. 18 OF 2021
THE JUDGMENT DATED 27.05.2020 IN RCA NO.72 OF 2019 OF II ADDITIONAL
RENT CONTROL APPELLATE AUTHORITY/ II ADDITIONAL DISTRICT COURT
KOZHIKODE AFFIRMINNG THE ORDER DATED 27.02.2019 IN RCP NO.201 OF 2016
OF RENT CONTROL COURT/PRINCIPAL MUNSIFF COURT-I, KOZHIKODE
REVISION PETITIONER/APPELLANT/RESPONDENT:
SHERIN HARISH
AGED 54 YEARS
S/O.C.B.V.ABDULLA KOYA, 21/27A, GRACE, NEAR NABEED SCHOOL,
AYYANKAR ROAD P.O., KALLAI, KOZHIKODE-673 003,
PANNIYANKARA AMSOM AND DESOM, KOZHIKODE THALUK.
BY ADVS. SRI.V.N.HARIDAS
SMT.SIBY.P.JOSE
SRI.K.T.BOSCO
SRI.SAIFUDEEN T.S
SMT.SMITHA GOPINATH
RESPONDENT/RESPONDENT/PETITIONER:
P.ABDULLA SONS (P) LTD.
REPRESENTED BY ITS MANAGING DIRECTOR P.IBRAHIM, AGED 70
YEARS, GRAND BAZAAR, KOZHIKODE NAGARAM AMSOM AND DESHAM,
KOZHIKODE THALUK, KOZHIKODE-673 001.
BY ADV. SRI.CIBI THOMAS
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.02.2025,
ALONG WITH RCRev.199/2020 AND CONNECTED CASES, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
R.C.Rev.Nos.199/2020,15/2021,
16/2021, 17/2021, 18/2021
&
22/2021
6
2025:KER:11886
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
RCREV. NO. 22 OF 2021
THE JUDGMENT DATED 27.05.2020 IN RCA NO.78 OF 2019 OF II
ADDITIONAL RENT CONTROL APPELLATE AUTHORITY/ II ADDITIONAL
DISTRICT COURT, KOZHIKODE AFFIRMING THE ORDER DATED 27.02.2019
IN RCP NO.206 OF 2016 OF RENT CONTROL COURT/PRINCIPAL MUNSIFF
COURT-I, KOZHIKODE
REVISION PETITIONER/APPELLANT/RESPONDENT:
P.MOIDEEN KOYA
AGED 62 YEARS
S/O.MAMMUKOYA, KANIYAN KANDI THAZHAM, KRISHNAN
NAIR ROAD, P.O.KARAPPARAMBA, KOZHIKODE TALUK,
KOZHIKODE - 673 010.
BY ADVS. SRI.V.N.HARIDAS
SMT.SIBY.P.JOSE
SRI.K.T.BOSCO
SRI.SAIFUDEEN T.S
SMT.SMITHA GOPINATH
R.C.Rev.Nos.199/2020,15/2021,
16/2021, 17/2021, 18/2021
&
22/2021
7
2025:KER:11886
RESPONDENT/RESPONDENT/PETITIONER:
P.ABDULLA SONS (P) LTD,
REP. BY ITS MANAGING DIRECTOR P.IBRAHIM, AGED 71
YEARS, GRAND BAZAR, KOZHIKODE NAGARAM AMSAM AND
DESHAM, KOZHIKODE THALK, KOZHIKODE - 673 001.
BY ADV. SRI.CIBI THOMAS
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.02.2025, ALONG WITH RCRev.199/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.C.Rev.Nos.199/2020,15/2021,
16/2021, 17/2021, 18/2021
&
22/2021
8
2025:KER:11886
ORDER
Dated this the 12th day of February, 2025
A.Muhamed Mustaque, J.
These rent control revision petitions were filed by the
tenants aggrieved by fixation of fair rent. The building in
question is located in an important street in Calicut Town,
namely Oyitty road in SM street. This is one of the busiest
area in Calicut Town. The rent control court fixed the fair
rent at the rate of Rs.29/- per sq. feet for the ground floor
and Rs.23/-per sq.feet for upstairs. This was questioned by
the tenants before the appellate authority. The appellate
authority dismissed the appeal. These concurrent findings
are questioned in this matter.
2. These rent control petitions were instituted in the
year 2016. We are sure that by passage of time, a fresh
R.C.Rev.Nos.199/2020,15/2021,
16/2021, 17/2021, 18/2021
&
22/2021
2025:KER:11886
cause of action would have arisen to the landlord to file an
application for further fixation of fair rent. Anyway, on going
through the findings and reasoning given by both
authorities, we find absolutely no scope to invoke
revisional power to upset the finding of facts. The rent
control court adverted to the commission report and
evidence adduced on the side of the landlord and noted
that one of the tenants in the same building under the
same landlord is paying a rent similar to the rate fixed by
the rent control court.
These revisions fail and are dismissed accordingly.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
MJL
