High Court of KeralaDivision BenchPartly allowed
NSS Karayogam, Amballur v. Dr. Prasanth (Rent Control Revisions, RCREV 28 of 2021 and Connected Cases)
Case / Petition Number:RCREV. No. 28 of 2021 and connected cases (plus connected Nos. 29, 34, 38, 39, 41, 50, 51, 58, 59, 62 of 2021; 91, 97, 104, 110, 112, 146, 152, 167, 173, 189, 190, 191, 197 of 2022)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- A. Muhamed Mustaque
- Shoba Annamma Eapen
- Judgment Date
- 2022-12-23
- Court Decision / Holding
- Partly allowed; (i) affirmed the Rent Controller/Appellate Authority’s fixations of fair rent; (ii) modified the enhancement to 10% every three years from the date of the Rent Controller’s orders (instead of annual 7.5%); (iii) fixed fair rent from the date of the Rent Controller’s order (not from the petition date), thereby avoiding retrospective liability for tenants.
- Final Disposition
- Partly allowed
Parties to the Case
Appellants / Petitioners
- Dr. Prasanth (Sreyas Dental Clinic)
- Anto M. Francis
- Kurian
- Hariappan
- Sandeep
- Najo
- Sara Chakkappan
- Philomina Jose
- Johny
Respondents
- NSS Karayogam No.3222, Amballur Village, Mukundapuram Taluk, Thrissur District, pin-680302 (landlord of the premises)
Legal Representation & Advocates
Counsels for Petitioners
- • Reji Mathew M
- • M. Mehrunisha Basima
- • Mathew Varghese
- • V.M. Krishna Kumar
- • Renjith Thampan (Sr.)
- • Maya M.
Counsels for Respondents
- • N.M. Madhu
- • P.P. Harris
- • C.B. Jithin
Case Synopsis & Summary
These rent-control revision petitions arise from a common order of the Rent Controller and the Appellate Authority fixing fair rent for commercial premises occupied by tenants in the NSS Karayogam complex at Amballur, Thrissur. The Rent Controller determined rates of Rs.6 per sq ft on the ground floor, Rs.4 on the first floor, and Rs.3 on the second floor. The Appellate Authority enhanced these figures, prompting challenges by the landlord (Dr. Prasanth) and others, while tenants argued that NSS Karayogam is not a legal person and cannot sue under the statute. The High Court overruled the objection to NSS Karayogam’s status, clarifying that the relevant provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965 confer standing based on status rather than personality. The judgment also deals with the periodical enhancement and retroactive rent: the court upholds the Appellate Authority’s fair rent figure, but modifies the rate of enhancement to 10% every three years (instead of 7.5% annually) and determines that the fair rent should be fixed from the date of the Rent Controller’s order rather than the petition date. The decision cites Supreme Court guidance on fair rent fixation, particularly Mohammad Ahmad v. Atma Ram Chauhan, and affirms a balanced approach to tenant hardship and landlord interests.
Provisions of Law Cited
The Kerala Buildings (Lease and Rent Control) Act, 1965 - Section 5 (Determination of Fair Rent)The Kerala Buildings (Lease and Rent Control) Act, 1965 - Section 24 (obligation to pass final orders within four months)Code of Civil Procedure, Order I Rule 8 (competence to sue)
Legal Doctrines & Maxims
- Mohammad Ahmad and Another v. Atma Ram Chauhan and Others, 2011 (7) SCC 755 – guidelines for fixing fair rent, including 10% increment every three years
- Fixing fair rent from the date of order rather than petition date to avoid retrospective obligations on tenants
Submissions & Arguments
Contentions of Appellants / Petitioners
The landlords contended that NSS Karayogam, though not a conventional legal entity, is competent to sue under the Kerala Buildings (Lease and Rent Control) Act based on its status to receive rent; the Rent Controller’s fixed fair rent should not be retroactive and the Appellate Authority’s enhancements should be sustained. They urged adherence to the 2011 Supreme Court guidelines (Mohammad Ahmad) and pressed for a 10% increase every three years, with rent fixed from the ordering date rather than the petition date to avoid undue arrears.
Contentions of Respondents
The tenants argued NSS Karayogam lacks legal personality and challenged the landlord’s petitions under Order I Rule 8 CPC as unnecessary; they sought to limit rent increases and argued against retroactive fixation. They urged that fair rent be computed on objective grounds (property tax, local rent rates) and favored a more gradual enhancement, resisting retrospective payments and delay in proceedings.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Mohammad Ahmad and Another v. Atma Ram Chauhan and Others | 2011 (7) SCC 755 | Positive | Cited for guidelines on fair rent fixation and periodic enhancements; the judgment adopts the 10%/three-year framework from this decision. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 28 OF 2021**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 46/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED 31.10.2018 IN RCP 54/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/RESPONDENT/RESPONDENT:**
DR.PRASANTH, AGED 46 YEARS, SREYAS DENTAL CLINIC, ROOM NOS 1/290,291,292, KUNDUKAVU THEKKENADA GOPURM COMPLEX, ALAGAPPANAGAR GRAMA PANCHAYAT, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN-680 302.
BY ADVS. REJI MATHEW.M SMT.M.K.MEHRUNISHA BASIMA SHRI.MATHEW VARGHESE
## **RESPONDENT/APPELLANT/PETITIONER:**
NSS KARAYOGAM, NO 3222, AMBALLUR, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT,
REP BY THE PRESIDENT, NSS KARAYOGAM NO 3222, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN-680 302.
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..2..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 29 OF 2021**
**AGAINST THE JUDGMENT DATED 8.6.2020 IN RCA 55/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED 31.10.2018 IN RCP 50/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/RESPONDENT/RESPONDENT:**
DR.PRASANTH, AGED 46 YEARS, SREYAS DENTAL CLINIC, ROOM NO 1/273, KUNDUKAVU THEKKENADA GOPURM COMPLEX, ALAGAPPANAGAR GRAMA PANCHAYAT, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN-680302.
BY ADVS. REJI MATHEW.M SMT.M.K.MEHRUNISHA BASIMA SHRI.MATHEW VARGHESE
## **RESPONDENT/APPELLANT/PETITIONER:**
NSS KARAYOGAM NO.3222, AMBALLUR, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT REPRESENTED BY THE PRESIDENT , NSS KARAYOGAM NO. 3222, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN-680302. BY ADVS. SRI.N.M.MADHU SRI.P.P.HARRIS
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON**
**12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..3..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN**
**FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 34 OF 2021**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 91/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED 31.10.2018 IN RCP 15/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/APPELLANT/RESPONDENT:**
ANTO M.FRANCIS, AGED 48 YEARS, S/O.MAPRANATHUKARAN FRANCIS, AMBALLUR VILLAGE, VARAKKARA DESOM, MUKUNDAPUAM TALUK, THRISSUR DIST., ANUGRAHA STORES, ROOM NO.1/238, ALAGAPPANAGAR GRAMAPANCHAYATH, KUNDUKKAVU THEKKENADA GOPURAM COMPLEX, AMBALLUR VILLAGE DESOM, THRISSUR DISTRICT.
BY ADVS. V.M.KRISHNAKUMAR RENJITH THAMPAN (SR.)
## **RESPONDENT/RESPONDENT/PETITIONER:**
NSS KARAYOGAM AMBALLUR NO.3222, AMBALLUR VILLAGE DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
REP. BY PRESIDENT MURALI, S/O.SANKARATH VEETTIL VILASINI AMMA, AMBALLUR VILLAGE, DESOM, ALAGAPPANAGAR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680 302.
BY ADVS. SRI.N.M.MADHU SRI.P.P.HARRIS
## **THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**==> picture [37 x 9] intentionally omitted <==**
**12.12.2022, ALONG WITH RCRev..28/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..5..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 38 OF 2021**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 29/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED 31.10.2018 IN RCP 16/2012 OF ADDITIONAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/RESPONDENT/RESPONDENT:**
KURIAN, AGED 63 YEARS, PROPRIETOR, PUDUSSERRY BATTERY ROOM NO. 1/232, KUNDUKAVU THEKKENADA GOPURAM COMPLEX, ALAGAPPANAGAR GRAMA PANCHAYAT AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT PIN 680 302
BY ADVS. REJI MATHEW.M SMT.M.K.MEHRUNISHA BASIMA SHRI.MATHEW VARGHESE
## **RESPONDENT/APPELLANT/PETITIONER:**
NSS KARAYOGAM NO 3222 AMBALLUR, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT
REPRESENTED BY THE PRESIDENT, NSS KARAYOGAM NO. 3222, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT PIN 680 302
BY ADVS. SRI.N.M.MADHU SRI.P.P.HARRIS
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..6..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 39 OF 2021**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 48/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA AGAINST THE JUDGMENT DATED 31.10.2018 IN RCP 34/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/RESPONDENT/RESPONDENT:**
HARIAPPAN, AGED 66 YEARS, (SHEHARI MEDICALS, DTDC COURIER SERVICE AMBALLUR, ROOM NO.1/229 AND 1/230, ALAGAPPANANGAR GRAMA PANCHAYAT),S/O. KAIPPILLY RATHNAMMA, AMBALLUR VILLAGE DESAM, ALANGAPPANAGAR.P.O., MUKUNDAPURAM TALUK, TRISSUR DISTRICT,PIN-680 302
BY ADVS. REJI MATHEW.M SMT.M.K.MEHRUNISHA BASIMA SHRI.MATHEW VARGHESE
## **RESPONDENT/APPELLANT/PETITIONER:**
NSS KARAYOGAM NO.3222, AMBALLUR, ALANGAPPANAGAR.P.O., TRISSUR
REP BY THE PRESIDENT C.MURALI , 65 YEARS, S/O. SANKARATHVEETIL VILASINI AMMA, AMBALLUR ,ALANGAPPANAGAR.P.O., MUKUNDAPURAM TALUK, TRISSUR DISTRICT,PIN-680 302
BY ADVS. SRI.N.M.MADHU SRI.P.P.HARRIS
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**==> picture [37 x 9] intentionally omitted <==**
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..8..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 41 OF 2021**
**AGAINST THE JUDGMENT DATED 8.06.2020 RCA 28/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA ARISING FROM THE ORDER DATED 31.10.2018 IN RCP 15/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/RESPONDENT/RESPONDENT:**
ANTO M.FRANCIS, AGED 48 YEARS, S/O. MAPRANATHUKARAN FRANCIS, AMBALLUR VILLAGE, VARAKKARA DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, ANUGRAHA STORES, ROOM NO.1/238, ALAGAPPANAGAR GRAMAPANCHAYATH, KUNDUKKAVU THEKKENADA GOPURAM COMPLEX, AMBALLUR VILLAGE DESOM, THRISSUR DISTRICT.
BY ADVS. V.M.KRISHNAKUMAR RENJITH THAMPAN (SR.)
## **RESPONDENT/APPELLANT/PETITIONER:**
NSS KARAYOGAM AMBALLUR NO.3222, AMBALLUR VILLAGE DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
REPRESENTED BY PRESIDENT MURALI, S/O. SANKARATHVEETTIL VILASINI AMMA, AMBALLUR VILLAGE, DESOM, ALAGAPPANAGAR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680 302.
BY ADVS. N.M.MADHU P.P.HARRIS(K/486/1990.)
## **THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**==> picture [37 x 9] intentionally omitted <==**
**12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..10..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 50 OF 2021**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 96/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA ARISES FROM THE ORDER DATED 31.10.2018 IN RCP 21/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/APPELLANT/RESPONDENT:**
SANDEEP, AGED 37 YEARS, S/O. PULINKUZHI VISWAMBHARAN, EDAKKUNNI VILLAGE, THAIKKATTUSSERY DESOM, THRISSUR TALUK, THRISSUR DISTRICT, SPARK ELECTRICALS, ROOM NO.1/227, 1/228, KUNDUKADAVU THEKKENADA GOPURAM COMPLEX, ALAGAPPANAGAR GRAMAPANCHAYATH, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADVS. V.M.KRISHNAKUMAR RENJITH THAMPAN (SR.)
## **RESPONDENT/RESPONDENT/PETITIONER:**
NSS KARAYOGAM NO. 3222, AMBALLUR VILLAGE DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
REP. BY PRESIDENT MURALI, S/O. SANKARATHVEETTIL VILASINI AMMA, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680302.
BY ADV N.M.MADHU
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..11..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 51 OF 2021**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 39/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED 31.10.2018 IN RCP 33/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/RESPONDENT/RESPONDENT:**
NAIJO, AGED 37 YEARS, PROPRIETOR, KARIPPERY AYURVEDIC, ROOM 1/247, KUNDUKAVU THEKKENADA GOPURAM COMPLEX, ALAGAPPANAGAR GRAMA PANCHAYAT, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680302.
BY ADVS. REJI MATHEW.M SMT.M.K.MEHRUNISHA BASIMA SHRI.MATHEW VARGHESE
## **RESPONDENT/APPELLANT/PETITIONER:**
NSS KARAYOGAM NO-3222, AMBALLUR, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, REPRESENTED BY THE PRESIDENT, NSS KARAYOGAM NO.3222, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680302.
BY ADVS. SRI.N.M.MADHU SRI.P.P.HARRIS
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..12..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 58 OF 2021**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 99/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED 31.10.2018 IN RCP 54/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/APPELLANT/RESPONDENT:**
DR.PRASANTH, AGED 46 YEARS, SREYAS DENTAL CLINIC, ROOM NOS. 1/290, 291, 292, KUNDUKAVU THEEKKENADA GOPURAM COMPLEX, ALAGAPPANAGAR GRAMA PANCHAYAT AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680 302.
BY ADVS. REJI MATHEW.M SMT.M.K.MEHRUNISHA BASIMA SHRI.MATHEW VARGHESE
## **RESPONDENT/RESPONDENT/PETITIONER:**
NSS KARAYOGAM NO.3222 AMBALLUR, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
REP. BY THE PRESIDENT, NSS KARAYOGAM NO.3222, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680 302.
## **THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON**
**12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..13..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 59 OF 2021**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 62/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA AGAINST THE JUDGMENT DATED 31.10.2018 IN RCP 34/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/APPELLANT/RESPONDENT:**
HARIAPPAN, AGED 66 YEARS, (SREHARI MEDICALS, DTDC COURIER SERVICE AMBALLUR, ROOM NO 1/229 AND 1/230, ALAGAPANAGAR GRAMA PANCHAYAT), KUNDUKAVU THEKKENADA GOPURAM COMPLEX, S/O KAIPPILLY RATHNAMMA, AMBALLUR VILLAGE, DESAM, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN-680 302.
BY ADVS. REJI MATHEW.M SMT.M.K.MEHRUNISHA BASIMA SHRI.MATHEW VARGHESE
## **RESPONDENT/RESPONDENT/PETITIONER:**
NSS KARAYOGAM NO.3222, AMBALLUR, ALAGAPPANAGAR P.O.THRISSUR,
REP BY PRESIDENT C MURALI, 65 YEARS, S/O SANKARATHVEETTIL VILASINI AMMA, AMBALLUR, ALAGAPANAGAR P.O.MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN-680 302.
BY ADVS. N.M.MADHU P.P.HARRIS C.B.JITHIN
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**==> picture [44 x 9] intentionally omitted <==**
**12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..15..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 62 OF 2021**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 94/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED 31.10.2018 IN RCP 50/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/APPELLANT/RESPONDENT:**
DR.PRASANTH, AGED 46 YEARS, REPRESENTED BY SREYAS DENTAL CLINIC, ROOM NO. 1/273 OF ALAGAPPANAGAR PANCHAYAT, S/O. MECHERY PARAMESWARAN NAIR, AMBALLUR VILLAGE, DESAM, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN – 680 302. BY ADVS. REJI MATHEW.M SMT.M.K.MEHRUNISHA BASIMA SHRI.MATHEW VARGHESE
## **RESPONDENT/RESPONDENT/PETITIONER:**
NSS KARAYOGAM NO.3222 REPRESENTED BY PRESIDENT C. MURALI, AMBALLUR VILLAGE, DESAM, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN – 680 302.
BY ADVS. N.M.MADHU P.P.HARRIS(K/486/1990.)-14503 C.B.JITHIN
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..16..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 91 OF 2022**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 36/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED 31.10.2018 IN RCP 21/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/RESPONDENT/RESPONDENT:**
SANDEEP, AGED 38 YEARS, (PROPRIETOR, 'SPARK ELECTRICALS, ROOM, KUNDUKADAVU THEKKENADA GOPURAM COMPLEX, AMBALLUR, ALAGAPPANAGAR, GRAMAPANCHAYATH NO.1/227, 1/228), S/O PULINKUZHI VISWAMBHARAN, EDAKKUNNI VILLAGE, THAIKKATTUSSERY DESOM, THRISSUR TALUK, THRISSUR DISTRICT. PIN - 680 302.
BY ADVS. V.M.KRISHNAKUMAR MAYA M. RENJITH THAMPAN (SR.)
## **RESPONDENT/APPELLANT/PETITIONER:**
NSS KARAYOGAM NO.3222, AMBALLUR, ALAGAPPANAGAR P. O., THRISSUR.
REP. BY PRESIDENT C. MURALI, 66 YEARS. S/O SANKARATHVEETTIL VILASINI AMMA AMBALLUR, ALAGAPPANAGAR P. O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680302.
BY ADV N.M.MADHU
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE**
**R.C. Rev. No.28 of 2021 and Connected Cases**
**..17..**
**COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..18..**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN**
**FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 97 OF 2022**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 50/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED 31.10.2018 IN RCP 42/2012 OF PRINCIPAL MUNSIFF COURT,THRISSUR**
**REVISION PETITIONERS/RESPONDENTS 2 TO 5/ADDL.RESPONDENTS 2 TO 5:**
- 1 SARA CHAKKAPPAN, AGED 74 YEARS, W/O.NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST., PIN - 680 317.
- 2 BIJOY C.NAMBADAN, S/O.NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST., PIN - 680 317.
- 3 BINOY C.NAMBADAN, S/O.NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST., PIN - 680 317.
4 ROSE C.NAMBADAN, W/O.BINOY C.EBRAHAM, KAREDATH (H), P.O.AZHAKAM, NEAR MOONAMPARAMBU CHURCH, ALUVA TALUK, ERNAKULAM DIST., PIN - 683 577.
BY ADVS. V.M.KRISHNAKUMAR MAYA M.
## **RESPONDENT/APPELLANT/PETITIONER:**
NSS KARAYOGAM, AMBALLUR NO.3222, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680 302
REP. BY PRESIDENT MURALI, S/O.SANKARATH VEETTIL VILASINI AMMA, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**==> picture [44 x 9] intentionally omitted <==**
TALUK, THRISSUR DISTRICT, PIN - 680 302.
BY ADV N.M.MADHU
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..20..**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN**
**FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 104 OF 2022**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 31/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED 31.10.2018 IN RCP 20/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/3RD RESPONDENT/3RD RESPONDENT:**
JOHNY, AGED 67 YEARS, (PROPRIETOR, EVERSHINE ALUMINIUM, KUNDUKAVU THEKKENADA GOPURAM COMPLEX, AMBALLUR, ALAGAPPANAGAR GRAMAPANCHAYATH NO.1/259), THRISSUR DISTRICT, PIN - 680 302, S/O KAVIL ANTHAPPAN, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADV V.M.KRISHNAKUMAR
## **RESPONDENTS:**
1 NSS KARAYOGAM NO.3222, AMBALLUR, ALAGAPPANAGAR.P.O, THRISSUR DISTRICT, PIN- 680302,
REP.BY PRESIDENT MURALI, 66 YEARS, S/O SANKARATH VEETTIL VILASINI AMMA, AMBALLUR VILLAGE, DESOM, ALAGAPPANAGAR PO, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680 302.
2 JOSE, AGED 65 YEARS (PROPRIETOR, EVERSHINE ALUMINIUM, KUNDUKAVU THEKKENADA GOPURAM COMPLEX, AMBALLUR, ALAGAPPANAGAR GRAMA PANCHAYATH NO.1/259), THRISSUR DISTRICT, PIN - 680 302, S/O KAVIL ANTHAPPAN, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN- 680 121.
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**==> picture [44 x 9] intentionally omitted <==**
3 THOMAS, AGED 80 YEARS, (PROPRIETOR, EVERSHINE ALUMINIUM, KUNDUKAVU THEKKENADA GOPURAM COMPLEX, AMBALLUR, ALAGAPPANAGAR GRAMA PANCHAYATH NO.1/259), THRISSUR DISTRICT, PIN - 680 302, S/O NEREPARAMBIL LONAPPAN, MANALUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680617. BY ADVS. M.N. MADHU N.M.MADHU
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..22..**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
## **&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN**
**FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 110 OF 2022**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 38/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED 31.10.2018 IN RCP 31/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONERS/RESPONDENTS 2 TO 5/ADDL.RESPONDENTS 2 TO 5:**
- 1 SARA CHAKKAPPAN, AGED 74 YEARS, W/O NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST. PIN 680 317.
- 2 BIJOY C NAMBADAN @ BIJOY C.CHAKKAPPAN, S/O NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST. PIN 680 317.
- 3 BINOY C NAMBADAN, S/O NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST. PIN 680 317.
- 4 ROSE C NAMBADAN, W/O BINOY C ABRAHAM, KAREDATH (P.O AZHAKAM, NEAR MOONAMPARAMBU CHURCH, ALUVA TALUK, ERNAKULAM DIST. PIN - 683 577.
BY ADVS. V.M.KRISHNAKUMAR MAYA M.
## **RESPONDENT/APPELLANT/PETITIONER:**
N.S.S KARAYOGAM, AMBALLUR, ALAGAPPANAGAR.P.O, THRISSUR
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**==> picture [44 x 9] intentionally omitted <==**
REP.BY PRESIDENT C.MURALI, 66 YEARS, S/O SANKARATH VEETTIL VILASINI AMMA AMBALLUR, ALAGAPPANAGAR.P.O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. PIN - 680 302.
BY ADV N.M.MADHU
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..24..**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
## **&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 112 OF 2022**
**AGAINST JUDGMENT DATED 8.06.2020 IN RCA 34/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED 31.10.2018 IN RCP 29/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/RESPONDENT/RESPONDENT:**
SARA CHAKKAPPAN, AGED 74 YEARS, (PROPRIETOR, SELECTION LAND MOBILE, KUNDUKAVU THEKKENADA GOPURAM COMPLEX, AMBALLUR, ALAGAPPANAGAR GRAMA PANCHAYATH NO. I/258), W/O. NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 317.
BY ADVS. V.M.KRISHNAKUMAR MAYA M.
## **RESPONDENT/APPELLANT/PETITIONER:**
NSS KARAYOGAM NO. 3222, ALAGAPPANAGAR P.O, THRISSUR DISTRICT, PIN 680 302,
REP. BY PRESIDENT MURALI, 66 YEARS, S/O. SANKARATH VEETTIL VILASINI AMMA, AMBALLUR, ALAGAPPANAGAR P.O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 302.
BY ADV N.M.MADHU
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..25..**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN**
**FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 146 OF 2022**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 86/2019 OF ADDITIONAL**
**DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED 31.10.2018 IN RCP 42/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONERS/ APPELLANTS/RESPONDENTS:**
- 1 SARA CHAKKAPPAN, AGED 74 YEARS, REP.BY C.B.AGENCIES, ROOM NO.1/283 OF ALAGAPPANAGAR PANCHAYATH, W/O CHAKKAPPAN, NAMBADAN HOUSE, KALLUR, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680 317.
- 2 BIJOY CHAKKAPPAN, AGED 48 YEARS, REP.BY C.B.AGENCIES, ROOM NO.1/283 OF ALAGAPPANAGAR PANCHAYATH, S/O NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680 317.
- 3 BINOY C. NAMBADAN, AGED 46 YEARS, REP.BY C.B.AGENCIES, ROOM NO.1/283 OF ALAGAPPANAGAR PANCHAYATH, S/O NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680 317.
- 4 ROSE C NAMBADAN, AGED 41 YEARS, W/O BINOY C ABRAHAM, KAREDATH (H), P.O AZHAKAM, ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683 577.
BY ADVS. V.M.KRISHNAKUMAR MAYA M.
## **RESPONDENT/RESPONDENT/PETITIONER:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**==> picture [44 x 9] intentionally omitted <==**
NSS KARAYOGAM NO. 3222, REP.BY PRESIDENT C.MURALI, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. PIN - 680 302. BY ADVS. N.M.MADHU P.P.HARRIS(K/486/1990.)
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..27..**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 152 OF 2022**
**AGAINST JUDGMENT DATED 8.06.2020 IN RCA 74/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED 31.10.2018 IN RCP 20/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/2ND APPELLANT/3RD RESPONDENT:**
JOHNY, AGED 67 YEARS, S/O KAVIL ANTHAPPAN, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. PIN - 680 121. ROOM NO.1/259, KUNDUKADAVU THEKKENADA GOPURAM COMPLEX, ALAGAPPANAGAR GRAMAPANCHAYATH, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. PIN - 680 302.
BY ADVS. V.M.KRISHNAKUMAR MAYA M.
## **RESPONDENTS/RESPONDENT & 1ST APPELLANT/PETITIONER & 1ST**
## **RESPONDENT:**
1 NSS KARAYOGAM, AMBALLUR NO. 3222, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT
REPRESENTED BY PRESIDENT MURALI, S/O SANKARATH VEETIL VILASINI AMMA, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT PIN - 680 302.
2 JOSE, S/O KAVIL ANTHAPPAN, MANAVALASSERY VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. PIN- 680 121. EVERSHINE ALUMINIUM, ROOM NO.1/259, KUNDUKADAVU THEKKENADA GOPURAM COMPLEX, ALAGAPPANAGAR GRAMAPANCHAYATH, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**==> picture [44 x 9] intentionally omitted <==**
TALUK, THRISSUR DISTRICT.
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..29..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 167 OF 2022**
**AGAINST JUDGMENT DATED 8.06.2020 IN RCA 95/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED 31.10.2018 IN RCP 29/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/APPELLANT/RESPONDENT:**
SARA CHAKKAPPAN, AGED 74 YEARS, W/O NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. PIN- 680 317. PROPRIETOR, 'SELECTION LAND MOBILE', ROOM NO.1/258, KUNDUKAVU THEKKENADA GOPURAM COMPLEX, ALAGAPPANAGAR GRAMA PANCHAYATH, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. PIN - 680 317.
BY ADV V.M.KRISHNAKUMAR
## **RESPONDENT/RESPONDENT/PETITIONER:**
NSS KARAYOGAM 3222, AMBALLUR AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680 302. REP.BY PRESIDENT C.MURALI, S/O SANKARATH VEETIL VILASINI AMMA,AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT PIN - 680 302.
BY ADVS. N.M.MADHU P.P.HARRIS(K/486/1990.)
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE**
**R.C. Rev. No.28 of 2021 and Connected Cases**
**..30..**
**COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..31..**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 173 OF 2022**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 27/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED 31.10.2018 IN RCP 18/2012 OF ADDITIONAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/RESPONDENT/RESPONDENT:**
PHILOMINA JOSE, AGED 68 YEARS, PROPRIETOR, VAIDYARATNAM OUSHADHASALA, ROOM 1/231, KUNDUKAVU THEKKENADA GOPURAM COMPLEX, ALAGAPPANAGAR GRAMA PANCHAYAT, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN - 680 302.
BY ADVS. REJI MATHEW.M M.K.MEHRUNISHA BASIMA MATHEW VARGHESE
## **RESPONDENT/APPELLANT/PETITIONER:**
N.S.S KARAYOGAM, NO.3222, AMBALLUR, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT,
REP. BY THE PRESIDENT, NSS KARAYOGAM NO.3222, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN - 680 302.
BY ADVS. N.M.MADHU P.P.HARRIS(K/486/1990.)
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..32..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 189 OF 2022**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 93/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED 31.10.2018 IN RCP 16/2012 OF PRINCIPAL MUNSIFF COURT**
**,IRINJALAKUDA**
## **REVISION PETITIONER/APPELLANT/RESPONDENT:**
KURIAN, AGED 63 YEARS, PUDUSSERY BATTERY, ROOM NO.1/232, ALAGAPPANAGAR PANCHAYAT, S/O. PUTHUSSERY THOMMAN, AMBALLUR VILLAGE, DESOM, KUNDUKAVU THEKKENADA GOPURAM COMPLEX, MUKUNDAPURAM TALUK, TRISSUR DISTRICT,PIN-680 302
BY ADVS. REJI MATHEW.M N.SAJU THOMAS MATHEW VARGHESE M.K.MEHRUNISHA BASIMA SABU K. VARGHESE MATHEWS K. NELLUVELY
## **RESPONDENT/RESPONDENT/PETITIONER:**
NSS KARAYOGAM NO: 3222 REP BY PRESIDENT C. MUARLI, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, TRISSUR DISTRICT,PIN-680 302
BY ADV N.M.MADHU
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..33..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 190 OF 2022**
**AGAINST JUDGMENT DATED 8.06.2020 IN RCA 92/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED 31.10.2018 IN RCP 18/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/APPELLANT/RESPONDENT:**
PHILOMINA JOSE, AGED 66 YEARS, VAIDYARATNAM OUSHADHASALA, ROOM 1/231 OF ALAGAPPANAGAR PANCHAYATH, W/O. KARIPPERI JOSE, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN. 680 302.
BY ADVS. REJI MATHEW.M N.SAJU THOMAS M.K.MEHRUNISHA BASIMA MATHEW VARGHESE SABU K. VARGHESE MATHEWS K. NELLUVELY
## **RESPONDENT/APPELLANT/PETITIONER:**
N.S.S KARAYOGAM NO.3222, REP BY PRESIDENT, C MURALI, AMBALLUR VILLAGE, DESAM, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN. 680 302.
BY ADV N.M.MADHU
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..34..**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 191 OF 2022**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 100/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED 31.10.2018 IN RCP 33/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONER/APPELLANT/RESPONDENT:**
NAIJO, AGED 40 YEARS, KARIPPERY AYURVEDIC, ROOM 1/247, ALAGAPPANAGAR GRAMA PANCHAYAT, S/O. KARIPPERI JOSE, NJELLUR DESOM, KALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN. 680 302.
BY ADVS. REJI MATHEW.M N.SAJU THOMAS M.K.MEHRUNISHA BASIMA MATHEW VARGHESE SABU K. VARGHESE MATHEWS K. NELLUVELY
## **RESPONDENT/RESPONDENT/PETITIONER:**
NSS KARAYOGAM NO.3222, REP BY PRESIDENT C MURALI, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN.680 302.
BY ADV N.M.MADHU
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
**..35..**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**&**
**THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN**
**FRIDAY, THE 23[RD] DAY OF DECEMBER 2022 / 2ND POUSHA, 1944**
**RCREV. NO. 197 OF 2022**
**AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 77/2019 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED 31.10.202018 IN RCP 31/2012 OF PRINCIPAL MUNSIFF COURT**
## **,IRINJALAKUDA**
## **REVISION PETITIONERS/APPELLANTS/ADDL.RESPONDENTS 2 TO 5:**
- 1 SARA CHAKKAPPAN, AGED 74 YEARS, REPD.BY LAND DUTY PAID, ROOM NO.1/240 OF ALAGAPPA NAGAR PANCHAYATH, W/O NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST. PIN 680 317.
- 2 BIJOY CHAKKAPPAN, AGED 48 YEARS, REPD.BY SELECTION LAND DUTY PAID, ROOM NO.1/240 OF ALAGAPPA NAGAR PANCHAYATH, S/O NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST. PIN 680 317.
- 3 BINOY C NAMBADAN, AGED 46 YEARS, REPD.BY SELECTION LAND DUTY PAID, ROOM NO.1/240 OF ALAGAPPA NAGAR PANCHAYATH, S/O NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST. PIN 680 317.
- 4 ROSE C NAMBADAN, AGED 41 YEARS, W/O BINOY C ABRAHAM, KAREDATH (H) P.O AZHAKAM, ALUVA TALUK, ERNAKULAM DIST. PIN – 683 577.
BY ADVS. V.M.KRISHNAKUMAR P.R.REENA P.S.SIDHARTHAN MAYA M.
**RESPONDENT/RESPONDENT/PETITIONER:**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
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NSS KARAYOGAM NO. 3222, REP.BY PRESIDENT: C.MURALI, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
**THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE COURT ON 23.12.2022 DELIVERED THE FOLLOWING:**
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**A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ. ---------------------------------------------R.C.Rev. Nos.28, 29, 34, 38, 39, 41, 50, 51, 58, 59, and 62 of 2021, 91, 97, 104, 110, 112, 146, 152, 167, 173, 189, 190, 191 and 197 of 2022**
**---------------------------------------------Dated this the 23[rd] day of December, 2022**
## **J U D G M E N T**
## **A.Muhamed Mustaque, J**
These rent control revisions have arisen from a common order of the Rent Controller and the Appellate Authority fixing fair rent. Commercial complex owned by NSS Karayogam, Alagappa Nagar is
in occupation of different tenants. The Rent
Controller fixed Rs.6 per square feet as rent for rooms at ground floor, Rs.4 per square feet for rooms on first floor and Rs.3 for rooms on second floor. On a challenge made before the Appellate Authority by the landlord NSS Karayogam, and also by the tenants, the appellate Court modified the order of the Rent Controller by enhancing
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rate of fair rent at Rs.12, Rs.8 and Rs.5
respectively. Accordingly, the appeal filed by NSS Karayogam was allowed and the appeals filed by the tenants were dismissed. It is to be noted that both the authorities allowed 7.5% annual periodical enhancement on the fair rent fixed.
2. The learned Senior Counsel Sri. Renjith
Thampan appearing for the tenants argued that NSS
Karayogam is not a legal person and is not competent to institute a petition without recourse to the provisions contained in Order I Rule 8 of the Code of Civil Procedure, 1908. This argument has been raised at the first time in this revision. The Kerala Buildings (Lease and Rent Control) Act, 1965 (for short “Act”) defines the status of landlord as a person who is receiving or to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, administrator, receiver or
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guardian or who would so receive the rent or be entitled to receive the rent, if the building were let to a tenant. The person referred to
herein is not necessarily a legal person recognised under law. The reference to status itself makes a person competent to sue. It is
not the personality that defines the competency
but the status. The law clearly defines the said
status. The competency to sue would be relevant contextually based on statutory provisions.
Under the Rent Control Act, status being the
criteria, nothing else demands the fulfillment of
competency than the status. We, therefore,
overrule this belated objection.
3. The learned Senior counsel would further contend that in one of the rent control petitions (RCP No.50/2012), the tenant was inducted only on 9.03.2011 on a monthly rent of Rs.700/-. Since the rent control petitions were filed only in the year 2012, the market rate ought to have been
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fixed with reference to the rent fixed as above.
According to him, the square feet rate in that case is only less than Rs.3/-.
4. We note that this argument is not
factually correct. In fact, the tenanted
premises was let out in the year 1997 and the
enhancement to Rs.700/- in the year 2011 was on
existing rate of rent. That cannot prejudice the
landlord fixing a fair rent in accordance with law.
5. The Rent control Appellate Authority,
while enhancing the fair rent fixed by the Rent Controller, have adverted to the consumer price
index, decrease in money value, escalation of
price of articles and also the importance of the
locality. It also noted the rate of rent of
similar buildings in the locality. We need not
upset the factual findings made on evidence
invoking revisional power. We, therefore, affirm the order of the Appellate Authority.
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**..41..**
6. However, we find that both the
authorities awarded 7.5% annual periodical enhancement. It is not always safe to order annual increase. The Apex Court in _**Mohammad**_
## _**Ahmad and Another v. Atma Ram Chauhan and Others**_
_**[2011 (7) SCC 755]**_ had given guildlines for fixing the fair rent. One of the guidelines is
the enhancement at the rate of 10% on every three
years. In the light of the above judgment, we
modify the impugned order and allow only 10%
increase in every three years.
7. The Rent Control petition was filed in
the year 2012. However, it was decided only on
31.10.2018. Both the authorities allowed fair
rent from the date of petition. This will cast
huge burden on the tenants to pay the arrears of rent. Section 24 of the Act casts obligation on the Rent Control Court to pass final orders in the proceedings before it within four months from the date of appearance of the parties. This
**..42..**
## **R.C. Rev. No.28 of 2021 and Connected Cases**
mandate often complied in breach.
8. Section 5 of the Act provides provision for fixation of fair rent. Section 5 reads thus:
“5. Determination of Fair Rent. - (1) The Rent Control Court shall, on application of the tenant or landlord of a building, fix the fair rent for such building after such enquiry as it thinks fit.
(2) In fixing the fair rent, the Court shall taken into consideration, the property tax or house tax fixed for the building at the time of letting in the property tax register or house tax register of the authority within whose area the building is situated. Provided that in case of -
(i) any residential building, or
(ii) any non-residential building, excepting a building to which fittings have been affixed or in which machinery have been installed and such fittings or machinery have been excluded from valuation the purpose of fixing the property tax or house tax by a local authority.
The fair rent fixed may in proper cases be lower than but shall in no case exceed by more than fifteen per cent, the monthly rent on the basis of which the property tax or house tax for the building prevailing two years immediately before the date of the application was fixed, or if the building was not assessed to property tax or house tax before the said period of two years, the monthly rent on the basis of which the property tax or house tax prevailing immediately before the date of the application was fixed.
(3) If there is no property tax or house tax fixed for the building or if it is not based on a rental basis or if the building in an area which is not a City, Municipality, Panchayat or in any other local authority, the fair rent shall be fixed after taking into consideration the prevailing rates of rent in the locality for similar accommodation in similar circumstances during the twelve months preceding the letting. (4) In case the allotment of the building is
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made by the Accommodation Controller, he may, provisionally fix the fair rent for the building and the Rent Control Court may, on application by an aggrieved party modify the fair rent so fixed.
(5) The Rent Control Court shall intimate the fair rent of the building fixed to the local authority within whose jurisdiction the building in respect of which the fair rent has been fixed is situated. The local authority on receipt of such intimation shall make a record of the fair rent fixed in the register kept for the purpose and shall make the register available for inspection in such places and in such manner as may be prescribed. The register so prepared shall be kept up-to-date so as to contain full particulars in regard to the rent fixed in respect of a building by the Rent Control Court and also the subsequent variation thereto made by the said court.”
There is nothing in the provision to show that
the statute mandates the rent control court to
fix the fair rent from the date of petition. No
doubt, Court is competent to fix the fair rent from the date of petition but it is not a mandatory rule. As seen from the above
provisions the Court can order fixation of rent
from the date of order as well, if circumstance, so warrant, to fix the rate of fair rent from the
date of order.
9. Though, the party's rights and obligations are normally determined with
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reference to the date of petition, it is not necessary that the court should follow the above rule invariably in all cases. The obligations of the tenants to pay the rent would arise only when the rent is determined by the Rent Control Court. The fair rent fixation by the Rent Control Court casts obligations on the tenants from the date on which Court decides. Normally the rate of rent is fixed by a contract. Through the process of law fair rent is fixed, in the place of contract. In that process, the Court cannot make a tenant to pay the rent by creating obligation with retrospective date which would render tenancy itself at stake. The delay in court process cannot result in a wrong to the tenants, especially no one has pointed out that the delay was occasioned by the tenants themselves. Considering the peculiar facts of the case, we are of the view that the landlord can claim the rent at the rate of fair rent fixed by the
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Appellate Authority only from the date of the
order passed by the Rent Controller. We,
accordingly, allow these revision petitions partly as follows:
(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.
## **Sd/-**
## **A.MUHAMED MUSTAQUE, JUDGE**
**Sd/-**
**SHOBA ANNAMMA EAPEN, JUDGE**
**PR**
**R.C. Rev. No.28 of 2021 and Connected Cases**
**..46..**
## **APPENDIX OF RCREV. 50/2021**
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE ORDER IN I.A.1/2021 IN RCR NO.34/2021 DATED 11.2.2021.