Kerala High Court
RCRev./92/2025 of DR.RAPHEL Vs N.S.S.KARAYOGAM on 11 April 2025
R.C.Rev. No.92 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 RCREV. NO. 92 OF 2025 AGAINST THE JUDGMENT DATED IN RCP NO.53 OF
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
RCREV. NO. 92 OF 2025
AGAINST THE JUDGMENT DATED IN RCP NO.53 OF 2012 OF
THE RENT CONTROL COURT, IRINJALAKUDA AS MODIFIED BY THE
COMMON JUDGMENT IN RCA NO.45 OF 2019 DATED 08.06.2020 OF
THE RFENT CONTROL APPELLATE AUTHORITY, IRINJALAKUDA
REVISION PETITIONER:
DR.RAPHEL, AGED 58 YEARS, PROPRIETOR OF LNDUJA
AYURVEDICS, S/O AREKKAL ANTONY, ROOM NO.1/256, KUNDUKAVU THEKKE NADA GOPURAM COMPLEX, AMBALLUR, AIGAPPA NAGAR POST,MUKUNDAPURAM TALUK, THRISSUR
DISTRICT., PIN – 680 302
BY ADV M.K.DILEEP KUMAR
RESPONDENT:
N.S.S.KARAYOGAM, REG.NO.3222, REPRESENTED BY ITS
PRESIDENT, AMBALLUR, ALAGAPPA NAGAR POST, MUKUNDAPURAM TALUK, THRISSUR DISTRICT., PIN – 680
BY ADV G.SREEKUMAR (CHELUR)
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 11.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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O R D E R
A. Muhamed Mustaque, J. This matter is related to the fixation of fair rent. This Court had not interfered with the fair rent fixation, but modified and passed the following order in the connected matter. “(i) We affirm the order fixing the fair rent of the Appellate Authority.
(ii) We modify the impugned orders allowing enhancement only on every three years reckoning from the date of orders in the Rent Control Petition at 10% of the existing rate at the time of enhancement.
(iii) We also modify the fixation of fair rent from the date of petition and allow the landlord to claim the rent only from the date of order of the Rent Controller.” The above order is equally made applicable to this case also.
2. The learned counsel for the landlord submitted that the tenant has vacated the building. The said submission is recorded. This is also affirmed by the learned counsel for the tenant. This Rent Control Revision is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE PR