Kerala High Court
Josephena Jaimy vs A.C.Joseph on 28 July, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
R.C. Rev. No. 10/2025 & batch :1:
2025:KER:55651
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
RCREV. NO. 10 OF 2025
AGAINST THE JUDGMENT DATED 25.07.2023 IN RCA NO.25 OF 2017 OF RENT
CONTROL APPELLATE AUTHORITY, THRISSUR ARISING OUT OF THE ORDER DATED
31.10.2016 IN RCP NO.153 OF 2013 OF RENT CONTROL COURT,THRISSUR
REVISION PETITIONER/RESPONDENT/RESPONDENT:
JOSEPHENA JAIMY, AGED 51 YEARS,
BUSINESS, W/O JAIMY JOSE, PERINCHERY HOUSE, EDAKUNNY VILLAGE,
OLLUR DESOM, OLLUR P.O, THRISSUR DISTRICT, PIN - 680 306.
BY ADVS.
SMT.K.P.NISHA
SHRI.PRINCE N.J.
SMT.SWATHANDRA THIRUNILATH
ESPONDENTS/APPELLANT/PETITIONERS:
1 A.C.JOSEPH, AGED 57 YEARS, S/O. LATE A.J CHACKO, AKKARA HOUSE,
OLLUR P.O, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680 306.
2 A.C.FRANCIS, AGED 55 YEARS, S/O. LATE A.J CHACKO, AKKARA HOUSE,
OLLUR P.O, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680 306.
3 A.C.ANTO., AGED 53 YEARS, S/O. LATE A.J CHACKO, AKKARA HOUSE,
OLLUR P.O, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680 306.
BY ADVS.
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SRI.MANU VYASAN PETER
SMT.MEERA P.
SMT.CHITRA JOHNSON
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 28.07.2025,
ALONG WITH R.C.R. NOS.35 & 66 OF 2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.C. Rev. No. 10/2025 & batch :2:
2025:KER:55651
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
RCREV. NO. 35 OF 2025
AGAINST THE JUDGMENT DATED 25.07.2023 IN RCA NO.70 OF 2017 OF RENT
CONTROL APPELLATE AUTHORITY, THRISSUR ARISING OUT OF THE ORDER DATED
31.10.2016 IN RCP NO.153 OF 2013 OF PRINCIPAL MUNSIFF COURT,THRISSUR
REVISION PETITIONER/APPELLANT/RESPONDENT:
JOSEPHENA JAIMY, AGED 51 YEARS, W/O JAIMY JOSE, PERINCHERY
HOUSE, EDAKUNNY VILLAGE, OLLUR DESOM, OLLUR P O, THRISSUR
DISTRICT, PIN - 680 306.
BY ADVS.
SMT.K.P.NISHA
SMT.SWATHANDRA THIRUNILATH
SHRI.PRINCE N.J.
RESPONDENTS/RESPONDENTS/PETITIONERSl
1 A C JOSEPH, AGED 57 YEARS, S/O LATE A J CHACKO, AKKARA HOUSE,
OLLUR P O, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680 306.
2 A. C. FRANCIS, AGED 55 YEARS, S/O LATE A J CHACKO, AKKARA
HOUSE, OLLUR P O, THRISSUR TALUK, THRISSUR DISTRICT,
PIN - 680 306.
3 A. C. ANTO., AGED 53 YEARS, S/O LATE A J CHACKO, AKKARA HOUSE,
OLLUR P O, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680 306.
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 28.07.2025,
ALONG WITH R.C.R. NOS.10 & 66 OF 2025 THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.C. Rev. No. 10/2025 & batch :3:
2025:KER:55651
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
RCREV. NO. 66 OF 2025
AGAINST THE JUDGMENT DATED 25.07.2023 IN RCA NO.25 OF 2017 OF RENT
CONTROL APPELLATE AUTHORITY, THRISSUR ARISING OUT OF THE ORDER DATED
31.10.2016 IN RCP NO.153 OF 2013 OF RENT CONTROL COURT,THRISSUR
REVISION PETITIONERS/APPELLANTS/PETITIONERS:
1 A.C.JOSEPH, AGED 64 YEARS, S/O. LATE A.J. CHACKO, AKKARA HOUSE,
OLLUR P.O., THRISSUR TALUK AND DISTRICT, PIN - 680 306.
2 A.C.FRANCIS, AGED 62 YEARS, S/O. LATE A.J. CHACKO, AKKARA
HOUSE, OLLUR P.O., THRISSUR TALUK AND DISTRICT, PIN - 680 306.
3 A.C.ANTO., AGED 60 YEARS, S/O. LATE A.J. CHACKO, AKKARA HOUSE,
OLLUR P.O., THRISSUR TALUK AND DISTRICT, PIN - 680 306.
BY ADVS.
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SRI.MANU VYASAN PETER
SMT.MEERA P.
SMT.CHITRA JOHNSON
RESPONDENT/RESPONDENT/RESPONDENT:
JOSEPHENA JAIMY, AGED 51 YEARS, W/O. P.I.JAIMY PERINCHERY,
PERINCHERY HOUSE, OLLUR P.O., THRISSUR, PIN - 680 306.
BY ADVS.
SMT.K.P.NISHA
SHRI.PRINCE N.J.
SMT.SWATHANDRA THIRUNILATH
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 28.07.2025,
ALONG WITH R.C.R. NO. 10 & 35 OF 2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.C. Rev. No. 10/2025 & batch :4:
2025:KER:55651
A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
---------------------------------------------------------
R.C. Rev. Nos.10, 35 & 66 of 2025
---------------------------------------------------------
Dated this the 28th day of July, 2025
ORDER
Johnson John, J.
The tenant filed R.C.R Nos. 10 of 2025 and 35 of 2025 challenging
a common judgment of the Rent Control Appellate Authority in R.C.A No.
25 of 2017 and 70 of 2017. Challenging the very same common
judgment, the landlord filed R.C.R No. 66 of 2025.
2. The landlord sought fixation of fair rent and aggrieved by the
order of the Rent Control Court fixing fair rent as Rs.9,000/-, both the
landlord and the tenant preferred appeals before the appellate authority
and as per the common judgment dated 25.07.2023, the appellate
authority dismissed R.C.A. No. 70 of 2017 filed by the tenant and by
allowing R.C.A 25 of 2017 filed by the landlord in part enhanced the fair
rent as Rs.10,500/-.
3. Heard both sides.
4. The Rent Control Appellate Authority has taken note of the fact
that the tenant took the rooms on rent as per the rent agreement dated
01.5.2004 and that there is a provision in the rent agreement for
enhancement at 10% every year. Further the Rent Control Appellate
2025:KER:55651
Authority also considered the matter in extenso and assigned cogent
reasons by adverting to the criteria laid down by this Court in Edger
Ferus v. Abraham Ittycheria [2004 (1) KLT 767] and therefore, we
find no reason to interfere with the fair rent fixed by the Rent Control
Appellate Authority in the impugned judgment.
5. In the absence of any illegality or impropriety in the impugned
judgment of the appellate authority warranting interference in revision,
this revision petitions are liable to be dismissed.
In the result, the revision petitions are dismissed.
sd/-
A.MUHAMED MUSTAQUE,
JUDGE.
sd/-
JOHNSON JOHN,
JUDGE.
Rv
