Kerala High Court
Saguna vs Abdul Jabbar on 17 March, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:22504
R.C.Rev. No.436 of 2017 & 8 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946
RCREV. NO. 436 OF 2017
AGAINST THE JUDGMENT DATED 19.11.2016 IN RCA NO.55 OF
2008 OF THE HONOURABLE RENT CONTROL APPELLATE AUTHORITY/III
ADDL. DISTRICT JUDGE, KOZHIKODE, CONFIRMING THE ORDER DATED
30.01.2008 IN RCP NO.21 OF 2006 OF THE RENT CONTROL COURT/
MUNSIFF COURT - II(A), KOZHIKODE.
REVISION PETITIONERS/APPELLANTS/PETITIONERS:
1 SUGUNA, W/O. JAYAPALAN, AGED 63 YEARS, RESIDING
AT THACHAMBALATH HOUSE, NELLALAMAMSOM AND DESOM,
KOZHIKODE TALUK AND DISTRICT.
2 SUJITH, AGED 42 YEARS, S/O. JAYAPALAN, AGED 42
YEARS, RESIDING AT THACHAMBALATH HOUSE,
NELLALAMAMSOM AND DESOM, KOZHIKODE TALUK AND
DISTRICT.
3 SHYJITH, AGED 36 YEARS, S/O. JAYAPALAN, AGED 36
YEARS, RESIDING AT THACHAMBALATH HOUSE,
NELLALAMAMSOM AND DESOM, KOZHIKODE TALUK AND
DISTRICT. REPRESENTED BY POWER OF ATTORNEY HOLDER
MR. SUJITH THE 2ND PETITIONER HEREIN.
BY ADVS.
SRINATH GIRISH
V.NAMITHA
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RESPONDENT/RESPONDENT/RESPONDENT:
1 BALAKRISHNAN, AGED 65 YEARS, S/O. GOPALAN,
23/415, NEAR VATTAKINAR JUNCTION, POST ARTS AND
SCIENCE COLLEGE, MEENCHANDA, PANNIYANKARAAMSOM
AND DESOM, KOZHIKODE TALUK AND DISTRICT 673 018
ADDL.R2 PRASANNA, W/O. BALAKRISHNAN, 23/415, NEAR
VATTAKINAR JUNCTION, POST ARTS AND SCIENCE
COLLEGE, MEENCHANDA, PANNIYANKARA AMSOM AND
DESOM, KOZHIKODE TALUK AND DISTRICT.
3 NISHA, D/O BALAKRISHNAN, 23/45, NEAR VATTAKKINAR
JUNCTION, MEENACHANDA, KOZHIKODE.
4 NITHA , D/O BALAKRISHNAN -DO-
(LEGAL REPRESENTATIVES OF DECEASED R1 ARE
IMPLEADED AS SUPPLEMENTAL RESPONDENT NOS.2 TO 4
VIDE ORDER DTD 15.11.2024 IN IA NO.1/2023)
BY ADVS.
FIROZ K.M.
M.SHAJNA(K/1017/2006)
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 17.03.2025, ALONG WITH RCRev..8/2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:22504
R.C.Rev. No.436 of 2017 & 8 of 2018
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946
RCREV. NO. 8 OF 2018
AGAINST THE JUDGMENT DATED 19.11.2016 IN RCA NO.56 OF
2008 OF THE HONOURABLE RENT CONTROL APPELLATE AUTHORITY/III
ADDL. DISTRICT JUDGE, KOZHIKODE, CONFIRMING THE ORDER DATED
30.01.2008 IN RCP NO.20 OF 2006 OF THE RENT CONTROL COURT/
MUNSIFF COURT - II(A), KOZHIKODE.
REVISION PETITIONERS/APPELLANTS/PETITIONERS:
1 SAGUNA, AGED 63 YEARS, W/O. JAYAPALAN, AGED 63
YEARS,RESIDING AT THACHAMBALATH HOUSE,NALLALAM
AMSOM AND DESOMKOZHIKODE TALUK AND DISTRICT.
2 SUJITH, S/O. JAYAPALAN, AGED 42 YEARS,RESIDING AT
THACHAMBALATH HOUSE,NALLALAM AMSOM AND
DESOM,KOZHIKODE TALUK AND DISTRICT.
3 SHYJITH, S/O. JAYAPALAN, AGED 36 YEARS,RESIDING
AT THACHAMBALATH HOUSE,NALLALAM AMSOM AND
DESOM,KOZHIKODE TALUK AND DISTRICT.
BY ADVS.
SRINATH GIRISH
V.NAMITHA
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R.C.Rev. No.436 of 2017 & 8 of 2018
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RESPONDENT/RESPONDENT/RESPONDENT:
1 ABDUL JABBAR, S/O. MOIDEEN KOYA,AGED 64 YEARS,
23/414NEAR VATTAKINAR JUNCTION,POST ARTS AND
SCIENCE COLLEGE,MEENACHANDA, PANNIYANKARA AMSOM
AND DESOM,KOZHIKODE TALUK AND DISTRICT 673 018
BY ADVS.
K.M.FIROZ
SMT.M.SHAJNA
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 17.03.2025, ALONG WITH RCRev..436/2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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R.C.Rev. No.436 of 2017 & 8 of 2018
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ORDER
[RCRev. Nos.436/2017, 8/2018]
A. Muhamed Mustaque, J.
These revision petitions have been pending before this Court
since 2018 onwards. These revision petitions were filed by the
landlords challenging the dismissal of the claim for eviction under
Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act,
1965 (for short, "Act"). The authorities below concurrently found
against the landlords. The bona fide need set out was to start a
stationary and grocery business by the second revision petitioner.
The tenant contested that in the counter affidavit it was contended
that there are vacant rooms in possession of the landlords. The
tenant was also successful in establishing that at least at the time of
the institution of the rent control petition, the landlords were in
possession of vacant rooms in another buildings. The landlords failed
to disclose the possession of the vacant rooms and to state special
reasons for non occupation of the same. The concurrent findings
rendered by the rent control courts not only point out that the eviction
petition is hit by the first proviso to section 11(3) of the Act but also
would impeach the bona fides claimed by the landlords. In such
circumstances, we find no justification to interfere with the concurrent
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findings rendered by both authorities. Therefore, we find that there
is no scope for interference to invoke the revisional power.
2. However, we note that the petition schedule
building is located at Meenchanda, an important locality in Kozhikode
Corporation. The present rent is Rs.250/- per month. We find that
this rate of rent is very low compared to the market rate of rent
prevalent in this area. In such circumstances, we fix the fair rent at
Rs.3000/- per month tentatively. The tenant shall pay the rent at the
above rate from January - 2025 onwards. This will be subject to the
outcome of the application for fixation of fair rent to be filed by the
landlords. The landlords are also given liberty to file a fresh
application for eviction in accordance with the law.
These revision petitions are dismissed without interfering
with the impugned order, however, with a direction to the tenants to
pay the fair rent at the above rate from January - 2025 onwards.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
PR
