IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 29635 of 2008(C) -------------------------- RCRP.3/2008 of VI ADDL.DISTRICT COURT, ERNAKULAM RCP.71/2006 OF THE RENT CONTROL COURT, ERNAKULAM (EP.576/2007) .................... PETITIONER: ------------------ M/S.MONO STEEL, KATTIKARAN LANE, COCHIN-18, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, SRI.S.M.IMRAN, S/O.S.M.BADSHA, BEERANKUNJU ROAD, COCHIN-18. BY ADV. SRI.A.A.MOHAMMED NAZIR RESPONDENT: ------------------- V.M.FAROOK, S/O.LATE.V.N.MOHAMMED ALI, PROPRIETOR, M/S.ROBE HOUSE, NORTH RAILWAY STATION ROAD, COCHIN-18. ADV. SRI.P.M.ZIRAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.29635/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER DTD. 25/9/2006 IN RCP.NO.71/06 ON THE FILE OF THE RENT CONTROL COURT, ERNAKULAM. EXT.P2 TRUE COPY OF THE ORDER DTD. 25/9/2006 IN RCP.NO.72/06 ON THE FILE OF THE RENT CONTROL COURT, ERNAKULAM. EXT.P3 TRUE COPY OF LETTER DATED 17/10/2007 SENT BY THE PETITIONER TO THE RESPONDENT. EXT.P4 TRUE COPY OF LETTER DATED 23/10/2007 SENT BY THE RESPONDENT TO THE PETITIONER. EXT.P5 TRUE COPY OF LETTER DATED 27/10/2007 SENT BY THE PETITIONER TO THE RESPONDENT. EXT.P6 TRUE COPY OF EXECUTION PETITON FILE3D BY THE RESPONDENT IN R.C.P.NO.71/2006 BEFORE THE MUNSIFF'S COURT, ERNAKULAM. EXT.P7 TRUE COPY OF OBJECTIONS TO THE EXECUTION PETITION FILED BY THE PETITIONER (SHOWN AS JUDGMENT DEBTOR IN E.P.NO.576/07). EXT.P8 TRUE COPY OF ORDER DTD. 23/2/2008 PASSED BY THE MUNSIFF'S COURT, ERNAKULAM IN E.P.NO.576/2007 IN RCP.NO.71/2006. EXT.P9 TRUE COPY OF LEASE DEED EXECUTED BY the TENANT SMT.NALINI P. (RCP.72/2006) IN FAVOUR OF THE PETITIONER. EXT.P10 TRUE COPY OF LEASE DEED EXECUTED BY SRI FEROZ IN FAVOUR OF THE PETITIONER. EXT.P10A TRUE COPY OF RENT RECEIPT ISSUED BY THE PETITIONER TO SRI FEROZ. EXT.P11TRUE COPY OF THE ORDER DTD. 24/6/08 IN RCRP.3/2008 ON THE FILE OF THE ADDL. DISTRICT COURT, ERNAKULAM. P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 29635 OF 2008 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 11TH DAY OF DECEMBER, 2008. J U D G M E N T Raman, J. Petitioner is the landlord in respect of a shop room which was one among the several shop rooms in a single building, owned by him. He filed as R.C.P. 71/2006 before the Rent Control Court, Ernakulam, seeking eviction of the respondent herein under Section 11(3) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act. In respect of the adjoining room also, he filed R.C.P. 72/2006 against the tenant of the said room - Smt. Nalini, seeking eviction under Section 11(4)(iv) of the Act. Both the tenants were evicted pursuant to the order passed by the Rent Control Court based on a compromise statement filed by the parties. Subsequently, after reconstruction, the tenants were re-inducted and fixation of the fair rent in respect of the newly rented premises is yet to be decided. However, by Ext.P8 order in E.P.576/2007 in R.C.P. 71/2006 filed by the respondent/ tenant, the court below found that the tenant has vacated the premises on the ground of reconstruction pleaded by the landlord and there was a W.P.(C) 29635/2008 :2: compromise as per which the landlord was ordered to give shop room in the ground floor having a plinth area of 243 cm x 693 cm. as per the plan produced by the landlord. The execution court found that whatever unilaterally fixed by the landlord cannot be fixed as rent payable and that is a matter to be decided in appropriate proceedings by the civil court. Without prejudice to the right of the landlord and taking into consideration of the admission made by the tenant, provisional rent was fixed as Rs. 3,000/- subject to fixation of fair rent by the competent authority. Revision against Ext.P8 filed before the Addl. District Court, Ernakulam, also yielded no result. Aggrieved thereby, the landlord has come up with this writ petition. 2. We heard both the parties. It is the specific contention of the landlord that after re-induction of the tenant in the newly constructed building, he is bound to pay the fair rent and considering the rent paid by the other tenants more than Rs. 13,000/- is payable by way of fair rent. Ext.P9 is stated to be the agreement between the landlord and the tenant in respect of another tenanted premises which was the subject matter of R.C.P. 72/2006. The monthly rent of the tenanted premises in that case, as per Ext.P9, fixed is Rs. 4,000/- for an area of 243 cm. x 434 cm. Ext.P10 is another lease deed executed by one Firoz in favour of the petitioner. There, W.P.(C) 29635/2008 :3: the rent fixed is Rs. 10,000/- and the area is 75 sq.ft. in the ground floor. A comparative chart showing the details of the adjacent shop rooms together with the plan is also produced by the petitioner, subsequently. It may not be appropriate, without taking further evidence and giving opportunity to both sides, to fix the fair rent in respect of the building and that is a matter to be decided in due course in appropriate proceedings. However, till such time, the tenant has to pay a reasonable amount on monthly basis. 3. Even though the landlord has urged in the writ petition that at least Rs. 13,000/- may be declared as the rent playable by the tenant, we do not think that before fixing the fair rent after considering the materials produced by both sides, it is appropriate to fix such a higher rent. 4. Taking into consideration all the facts ad circumstances and the document produced and also going through the comparative chart and after hearing both sides, we find that an amount of Rs. 5,500/- (Rupees five thousand and five hundred only) can be fixed provisionally as the rent payable by the tenant until fair rent is fixed. This amount will be adjusted towards the fair rent to be fixed by the competent court. If the fair rent fixed by the competent authority is more than Rs. 5,500/-, necessarily, the tenant will be liable to pay the balance amount and if it is below Rs. W.P.(C) 29635/2008 :4: 5,500/- the excess amount paid by the tenant is to be adjusted towards the future rent. The writ petition is allowed to the above extent and Exts.P8 and P11 will stand modified as stated above. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-