IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 RCRev..No. 414 of 2010() ------------------------ RCA.51/2005 of RENT CONTROL APPELLATE AUTHORITY RCP.89/2004 of ADDL.M.C.,KOZHIKODE-I .................... REVISION PETITIONER/APPELLANT/RESPONDENT ------------------------------------------------------------ C.E.V.ABDUL GAFOOR, AGED 45 YEARS, S/O.IMBICHI KOYA, "BEEVI HOUSE", R.C.ROAD, CALICUT-32. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- C.H.HAMSA, AGED 64 YEARS, S/O.KUTTALI, `SHAD VILLA', KIZHUMURI P.O., MALAPPURAM DISTRICT-676 505. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ R.C.R.No.414 OF 2010 ------------------------ Dated this the 21st day of December, 2010 O R D E R Pius C.Kuriakose, J. The tenant is in revision and he challenges the judgment of the Rent Control Appellate Authority confirming the fair rent fixed by the Rent Control Court for the petition schedule building situated on Cherooty Road in a commercially important area of Calicut Corporation. The building in question, having an extent of 988 square feet, was let out to the revision petitioner on 12/3/1991 on a monthly rent of Rs.3750/-. The above rent was enhanced to Rs.4031/-, as mutually agreed, with effect from 12/3/1996. The request of the landlord in his application under Section 5 for fixation of fair rent was that fair rent be fixed at Rs.20/- per square feet. The prominent contention of the tenant was that there was an agreement between the parties that the rent will stand enhanced by 7.5% every five years and in view of that agreement, the fair rent cannot be fixed above an amount RCR.No.414/2010 2 calculated at the rate of Rs.7.5% more every five years. 2. The Rent Control Court conducted enquiry and the evidence consisted of Exts.A1 and A2, C1 commission report and C1(a) sketch submitted by the commissioner and the oral evidence of PW1 and RW1. The Rent Control Court on evaluating the evidence would fix the fair rent at Rs.6916/- per month with effect from the date of filing of the suit for fixation of fair rent. This was done calculating the fair rent at the rate of Rs.7/- per square feet. 3. The learned Appellate Authority has passed the impugned judgment considering an appeal preferred by the tenant. The Appellate Authority has made a reappraisal of the evidence and concurred with the finding of the Rent Control Court regarding the fair rent. 4. In this revision under Section 20, various grounds have been raised assailing the judgment of the Appellate Authority. Sri.Salil Narayanan, learned counsel for the revision petitioner, addressed us on the basis of all those grounds. The learned counsel submitted that recommendations of the advocate commissioner, which found favour with the statutory authorities, RCR.No.414/2010 3 were made on the basis of the rent paid by the tenants in respect of the modern buildings. Mr.Salil further submitted that in the present case agreement between the parties was to enhance the rent by 7.5% every five years. When such an agreement was there, fixation of fair rent at rates exceeding the same is not justified. 5. We have anxiously considered the submissions of Mr.Salil Narayanan. We have gone through the judgment of the Appellate Authority as well as the order of the Rent Control Court. We do not find any warrant for interfering with the judgment of the Appellate Authority. We are convinced that the learned Appellate Authority has appreciated the evidence correctly. We also convinced that law, as provided in Section 5 of Act 2 of 1965 and as re-stated by this court and Supreme Court in Edger Ferus v. Abraham Ittycheria (2004 (1) KLT 767), has been correctly applied by the learned Appellate Authority. The building in question is situated at Cherooty Road undoubtedly an area of considerable commercial importance within the Calicut City Corporation. There is no doubt in our mind that the rate of Rs.7/- per square feet presently fixed by RCR.No.414/2010 4 the statutory authorities is not above the fair rent of the building. We also notice that the fair rent has been fixed only with effect from the date of the Rent Control Petition. In that way also, the petitioner has no room for any legitimate grievance. The revision petition fails and will stand dismissed. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk