Kerala High Court
Deepa S vs Krishnankutty on 28 January, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
RCREV.NOs.105, 107
and 110 OF 2024 1
2025:KER:6677
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
RCREV. NO. 105 OF 2024
AGAINST THE JUDGMENT DATED 28.02.2024 IN RCA NO.2 OF 2023
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV,
PALAKKAD/III ADDITIONAL MACT, PALAKKAD
ORDER DATED 31.01.2023 IN RCP NO.40 OF 2016 OF PRINCIPAL
MUNSIFF COURT, PALAKKAD
REVISION PETITIONER/RESPONDENT/PETITIONER :
DEEPA S
AGED 46 YEARS, W/O SABAREESAN,
PUTHANTHARAYIL NIVAS,
SUBRAMANIAPURAM,
PATTIKKARA, CITY POST OFFICE,
PALAKKAD, PIN - 678014
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
RESPONDENT/APPELLANT/RESPONDENT :
DAMODARAN NAIR
AGED 54 YEARS,
S/O EMMOORIAMMA,
PALAL PLYWOOD,
BUILDING NO.12/736,
RCREV.NOs.105, 107
and 110 OF 2024 2
2025:KER:6677
PETTY SHOP, NEWSPAPER AGENT,
SULTHANPET, PALAKKAD,
PIN - 678001
BY ADV BALAGANGADGARAN UNIKKAT
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
28.01.2025, ALONG WITH RCRev.Nos.107/2024, 110/2024, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
RCREV.NOs.105, 107
and 110 OF 2024 3
2025:KER:6677
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
RCREV. NO. 107 OF 2024
JUDGMENT DATED 28.02.2024 IN RCA NO.3 OF 2023 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, PALAKKAD/ III
ADDITIONAL MACT, PALAKKAD
ORDER DATED 31.01.2023 IN RCP NO.41 OF 2016 OF PRINCIPAL
MUNSIFF COURT, PALAKKAD
REVISION PETITIONER/RESPONDENT/PETITIONER:
DEEPA S
AGED 46 YEARS
W/O SABAREESAN,
PUTHANTHARAYIL NIVAS,
SUBRAMANIAPURAM, PATTIKKARA,
CITY POST OFFICE, PALAKKAD,
PIN - 678014
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
RESPONDENTS/APPELLANTS/RESPONDENTS :
1 KRISHNANUNNI
AGED 56 YEARS
S/O KARUNAKARAN NAIR,
RCREV.NOs.105, 107
and 110 OF 2024 4
2025:KER:6677
VIJAYA GENERAL STORE,
BUILDING NO.12/737,
NEAR PALAKKAD DISTRICT CO-OPERATIVE BANK LTD,
SULTHANPET, PALAKKAD, PIN - 678001
2 MUKUNDANUNNI
AGED 59 YEARS
S/O KARUNAKARAN NAIR,
VIJAYA GENERAL STORE,
BUILDING NO.12/737,
NEAR PALAKKAD DISTRICT CO-OPERATIVE BANK LTD,
SULTHANPET, PALAKKAD, PIN - 678001
BY ADV S.AJITH (PALAKKAD)
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
28.01.2025, ALONG WITH RCRev.NOS.105/2024 AND 110/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RCREV.NOs.105, 107
and 110 OF 2024 5
2025:KER:6677
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
RCREV. NO. 110 OF 2024
JUDGMENT DATED 28.02.2024 IN RCA NO.4 OF 2023 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, PALAKKAD/III
ADDITIONAL MACT, PALAKKAD
ORDER DATED 31.01.2023 IN RCP NO.42 OF 2016 OF PRINCIPAL
MUNSIFF COURT, PALAKKAD
REVISION PETITIONER/RESPONDENT/PETITIONER :
DEEPA S
AGED 46 YEARS
W/O SABAREESAN,
PUTHANTHARAYIL NIVAS,
SUBRAMANIAPURAM,
PATTIKKARA,
CITY POST OFFICE,
PALAKKAD,
PIN - 678014
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
RCREV.NOs.105, 107
and 110 OF 2024 6
2025:KER:6677
RESPONDENT/APPELLANT/RESPONDENT:
KRISHNANKUTTY
AGED 71 YEARS,
S/O P. KUTTAN,
(MOBILE RECHARGING SHOP),
BUILDING NO.12/738,
NEAR PALAKKAD DISTRICT CO-OPERATIVE BANK LTD,
SULTHANPET, PALAKKAD,
PIN - 678001
BY ADV S.AJITH (PALAKKAD)
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
28.01.2025, ALONG WITH RCRev.Nos.105/2024 AND 107/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RCREV.NOs.105, 107
and 110 OF 2024 7
2025:KER:6677
ORDER
A.Muhamed Mustaque, J.
The landlady questions the fair rent fixation made by the
Appellate Authority. The Rent Control Court fixed the fair rent at
the rate of Rs.75/- per sq.feet from the date of petition. In appeal
filed by the tenant, this was reduced to Rs.27/- per sq.feet from
the date of Rent Control Court order. The landlady questions this
order. The building in question is located in an important locality of
Sulthanpet in Palakkad Municipality. There is no dispute regarding
the importance of the locality. The landlady purchased the building
in the year 2016. The tenants were occupying the building for
more than 50 to 60 years. The Rent Control Court, on a reasoning
that the building is located in an important locality and noting the
capital value of the entire premises under the enjoyment of the
tenant, was of the view that the rent should be fixed at Rs.75/- per
sq.feet. We cannot find fault with the approach of the Rent Control
Court. However, while concluding, the Rent Control Court relied on
no data to fix the rent at the rate of Rs.75/- per sq.feet. In the
RCREV.NOs.105, 107
2025:KER:6677
appeal, the Rent Control Appellate Authority noted that the
building is old and there is no parking space. It is also noted that
the building does not possess facilities and amenities as suitable
for a modern entrepreneurs, despite its locational advantage. We
also do not find any fault with the reasoning of the Rent Control
Appellate Authority. However, the Rent Control Appellate Authority
entered into guessworks while calculating the rate of rent payable
and reduced it to Rs.27/- per sq.feet. We are in a peculiar situation
as both the authorities in their conclusions relied on guessworks
rather than any material evidence to fix the rate of rent. Normally,
this Court would exercise its revisional power if the orders passed
by the Rent Control Appellate Authority were beyond its powers,
irrational etc. But in the given peculiar circumstances, we are of
the view that, in the interest of both parties, the rent should be
fixed at the rate of Rs.40/- per sq.feet so as to bring a quietus to
the dispute. We cannot remain oblivious to the importance of the
local advancements that can be derived from the location with
which the tenant is associated.
2. We are of the view that justice in these cases
stands midway on the conclusion made by both authorities.
RCREV.NOs.105, 107
2025:KER:6677
Accordingly, we fix the rent at the rate of Rs.40/- per sq.feet. We
modify the impugned order and order that the tenant shall pay
rent at the rate of Rs.40/- per sq.feet from the date of the order
passed by the Rent Control Court, as ordered by the Rent Control
Appellate Authority.
These Rent Control Revision Petitions are disposed of as
above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P.KRISHNA KUMAR
JUDGE
rkj
RCREV.NOs.105, 107
2025:KER:6677
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE RENT DEED DATED 01-03-2021
EXECUTED BETWEEN SABAREESAN N AND ABHILASH
AND OTHERS.
Annexure B TRUE COPY OF THE RENT DEED DATED 22-09-2021
EXECUTED BETWEEN SABAREESAN N AND ANOOP
Annexure C TRUE PHOTOGRAPHS SHOWING THE PETITION
SCHEDULE SHOP.
