IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 RCRev..No. 89 of 2009() ----------------------- RCA.119/2005 of VI ADDL.DISTRICT COURT, ERNAKULAM RCP.137/2004 of III ADDL.M.C.EKM (RENT CONTROL) .................... REVISION PETITIONER/APPELLANT/TENANT -------------------------------------------------------- MR.LAKSHMANAN, S/O.LATE PAPPAN, AGED 70 YEARS, RESIDING AT VELLANGITHERUVIL HOUSE, TRIPUNITHURA-683 101. BY ADV. SRI.K.V.VAIDYANATHAN SMT.SANDHYA VENI SRI.T.X.SHAM JOSEPH RESPONDENT(S)/RESPONDENTS/LANDLORDS ------------------------ 1. HARIDAS, S/O.KRISHNA ROA, AGED 33 YEARS, KONATHU MADOM, TRIPUNITHURA-683 101. 2. KAVITHA, W/O.KRISHNAKUMAR, AGED 36 YEARS, KONATH MADOM, TRIPUNITHURA-683 101. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER No representation today also. The RCR will stand dismissed for default. 08-04-2009 Sd/-, PIUS.C.KURIAKOSE, JUDGE Sd/-, ABDUL REHIM, JUDGE PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. ------------------------ R.C.R.No.89 OF 2009 ------------------------ Dated this the 12th day of November, 2010 O R D E R Pius C.Kuriakose, J. Under challenge in this revision filed under Section 20 by the tenant is the judgment of the rent control appellate authority confirming the order of the Rent Control Court fixing the fair rent of the building in question at Rs.8 per square feet. The building is situated in a commercially important area of the Tripunithura Municipal town. The building is not away from the Municipal bus stand and the palace oval in Tripunithura. The learned Rent Control Court on the basis of the evidence, which consisted also of Ext.C1 commission report to which no objections were filed by either party, allowed the rent control petition in part and thereby fixed fair rent of the building at the rate of Rs.8 per square feet as against the prayer of the landlord for fixation at the rate of Rs.12 per square feet. 2. The appellate authority under the impugned judgment has made a reappraisal of the evidence and concurred with the RCR.No.89/2009 2 findings of the rent control court. 3. Even though Sri.Jinish Paul, learned counsel for the revision petitioner, addressed strenuous arguments before us on the basis of the various grounds raised in the revision petition, having gone through the order of the rent control court and the judgment of the appellate authority and having made a survey of the materials considered by the appellate authority, we are of the view that there is no illegality,irregularity or impropriety about the judgment of the appellate authority. Having regard to the importance of the area and the fact that the building in question is a new one, we are of the view that the rate presently fixed by the appellate authority and the rent control court is reasonable. We do not find any reason for interference. The revision will stand dismissed. PIUS C.KURIAKOSE,JUDGE P.S.GOPINATHAN, JUDGE dpk