Divakaran vs Thanari Moidu Hajee

Pius C. Kuriakose, J.—The tenant is the revision Petitioner. He challenges the judgment of the Rent Control Appellate Authority confirming the order of the Rent Control Court fixing the fair rent of the building under his possession at Rs. 1,000/- per mensem.

Several apparently attractive grounds have been raised and Sri.T. Sethumadhavan, the learned Counsel for the revision Petitioner addressed very persuasive arguments before us on the basis of those grounds. We have gone through the judgment of the Appellate Authority and the order of the Rent Control Court carefully. It is evident that the building in question is situated in a commercially very important area in Eramala Grama Panchayath not far away from Vatakara municipal town. The contract rent of Rs. 425/- was fixed way back in 1985. The extent of the room will be about 520 sq. ft. It was relying on the evidence which consisted inter alia of Exts.A4 and A5, two other rent chits in respect of nearby buildings, that the statutory authorities fixed the fair rent at Rs. 1,000/-. There was the Advocate Commissioner''s report also which showed that the building in question was comparable to the buildings covered by Exts.A4 and A5.

Having anxiously gone through the impugned judgment, we are of the view that the rate presently fixed by the statutory authorities in no way exceeds the fair rent of the building. We find no warrant for interference. Hence, the RCR will stand dismissed. However, we make it clear that the revision Petitioner is given one year time to discharge the arrears of rent which becomes payable by virtue of the fixation of fair rent.