Partly allowed

FPA-PMLA-1572/COCHIN/2016 of Hassan a a v/s The Deputy Director Directorate of Enforcement, Cochin

ATFP12 Apr 2019FPA-PMLA-1572/COCHIN/2016

Case brief

AI extract

What is this about?

Adjudicated appeals concerning eviction notices and fixed market rent for various properties. Appellants challenging eviction notices were directed to pay fixed market rent from December 2016 and future rent monthly. Some appeals remain adjourned for rent fixations. Dismissed appeals over agricultural lands with no notices.

What did the court decide?

Fixed market rent for specified properties; ordered payment of arrears from Dec 2016 and monthly rent from April 2019; remitted certain appeals for future hearing on rent fixation.

FPA-PMLA-1572/COCHIN/2016 of Hassan a a v/s The Deputy Director… — Property and Title | ATFP (2019)

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APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI

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1. MP-PMLA-3393/COCHIN/2018 (A.G.) MP-PMLA-3297/COCHIN/2017 (Misc.) MP-PMLA-2966/COCHIN/2016 (Stay) &
FPA-PMLA-1567/COCHIN/2016
Khadeeja	…	Appellant
2. MP-PMLA-2968/COCHIN/2016 (Stay) &
FPA-PMLA-1568/COCHIN/2016
Hydrose N	…	Appellant
3. MP-PMLA-2972/COCHIN/2016 (Stay) &
FPA-PMLA-1572/COCHIN/2016
Hassan A A	…	Appellant
4. MP-PMLA-2984/COCHIN/2016 (Stay) &
FPA-PMLA-1580/COCHIN/2016
Sabira M	…	Appellant
5. MP-PMLA-3056/COCHIN/2017 (Stay) &
FPA-PMLA-1599/COCHIN/2017
Hameed Pandarathil	…	Appellant
6. MP-PMLA-3058/COCHIN/2017 (Stay) &
FPA-PMLA-1600/COCHIN/2017
Smt. Laila Siddique	…	Appellant
7. MP-PMLA-3060/COCHIN/2017 (Stay) &
FPA-PMLA-1601/COCHIN/2017
Sulaikha	…	Appellant
8. MP-PMLA-3071/COCHIN/2017 (Stay) &
FPA-PMLA-1609/COCHIN/2017
Ummer Pandarathil	…	Appellant
9. MP-PMLA-3073/COCHIN/2017 (Stay) &
FPA-PMLA-1610/COCHIN/2017
Abdulla Pandarathil	…	Appellant
10.MP-PMLA-3075/COCHIN/2017 (Stay) &
FPA-PMLA-1611/COCHIN/2017
Sri Ashraf C.V.	…	Appellant
FPA-PMLA-1567-1568, 1572, 1580/COCHIN/2016 & FPA-PMLA-1599, 1600-1601 & 1609-1612/COCHIN/2017		Page 1 of 5

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11. MP-PMLA-3077/COCHIN/2017 (Stay)

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& FPA-PMLA-1612/COCHIN/2017 Amina Pandarathil

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… Appellant

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Versus

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The Deputy Director Directorate of Enforcement, Cochin … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant no. 1 & 2 For the appellant no. 3	: :	Shri T. T. Biju, Advocate Shri K. N. Jayasankar, Advocate Shri Naveen Malhotra, Advocate
For the appellant no. 4	:	Sh. Susheel Cynic, Advocate
For the appellant no. 5 & 7	:	Sh. Manoj V. George, Advocate
For the appellant no. 6, 8 to 11	:	Sh. K.M. Suresh Chandran, Advocate
For the Respondent	:	Shri S.K. Sharma, Advocate
CORAM SMT. ANANYA RAY	:	MEMBER

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ORDER 12.04.2019

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FPA-PMLA-1567-1568, 1572, 1580/COCHIN/2016 & FPA-PMLA-1599, 1600-1601 & 1609-1612/COCHIN/2017

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The issue of fixation of rent for the properties which are being enjoyed by the appellants/their tenants for which eviction notice has been issued but stayed by this Tribunal since 2016, are dealt herewith appeal wise as follows.:-

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1. FPA-PMLA-1567/COCHIN/2016

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There is one property No. V/58, Mallapuran in which there are four parts i.e. (i) V-One Supermarket, (ii) J,K L (A P K Cycles), (iii) I (Pavithram Readymades) & (iv) Creative Motors respectively. Four eviction notice all dated 07.12.2016 has been issued for the above said properties.

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FPA-PMLA-1567-1568, 1572, 1580/COCHIN/2016 & FPA-PMLA-1599, 1600-1601 & 1609-1612/COCHIN/2017

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Page 2 of 5

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(a) The market rent for eviction notice ECIR-KZSZO/5/2015/ 1557 dt. 07.12.2016 addressed to Sh. U Abdurahman is fixed at Rs. 11,603/- per month with the consent of both the parties [for property no. V/58 (V-One Supermarket)].

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(b) Eviction notice ECIR-KZSZO/5/2015/1555, dt. 07.12.2016 addressed to Sh. Noushad is fixed at Rs. 7,644/- per month with the consent of both the parties. [(for property no. V/58 J,K L (A P K Cycles)] (c) Eviction notice ECIR-KZSZO/5/2015/1553 dated 07.12.2016 addressed to Sakunthala is fixed at Rs. 2,420/- per month with the consent of both the parties. [(for property no. V/58 - I (Pavithram Readymades)]

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(d) Eviction notice ECIR-KZSZO/5/2015/ 1556 dated 07.12.2016 addressed to Abdul Gafoor is fixed at Rs. 19,400/- per month with the consent of both the parties. [for property no. V/58 (Creative Motors)]

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All these properties belong to Smt. Khadija, the appellant.

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2. FPA-PMLA-1568/COCHIN/2016

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There is no eviction notice. It is an agricultural land.

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3. FPA-PMLA-1572/COCHIN/2016

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There is one eviction notice No. ECIR/KZSZO/5/2015 dated 2.12.2016, with reference to the property Building no. 16/215, Kunnam Kullam, Thrissur addressed to the appellant Sh. Hassan A A. However, the learned counsel for the appellant states that the actual property is no. 1042/17, 18, 19 village Kunnam Kullam, and the appellant has only 1/3^rd of the property. He has however not given any details about the market rent although enough opportunities have been given to the appellants since 2016. The learned counsel for the respondent seeks some

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FPA-PMLA-1567-1568, 1572, 1580/COCHIN/2016 & FPA-PMLA-1599, 1600-1601 & 1609-1612/COCHIN/2017

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Page 3 of 5

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time to seek clarification on this aspect. The market rent would be fixed on the next date of hearing.

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4. FPA-PMLA-1580/COCHIN/2016

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There is one property for which eviction notice No.

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ECIR/KZSZO/5/2015 dated 2/12/2016 for Building No. VIII/274, situated in Kappur Grama Panchayath, Mallapuram has been issued. The learned counsel for the appellant states that the rent estimation given by the ED, is based on the letter dated 17.02.2017 issued by the Assistant Engineer, LSGD Section, Kappur Grama Panchayath to the Secretary, Kappur Grama Panchayath. He stated that the appellant, Sabira M is holding/owned, only a part of the property and the other parts of the property belong to her daughters who are not a party to the present proceedings. The ED has proposed the rent for the entire property which is not correct. The learned counsel for the respondent seeks some time to verify the position.

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The Learned counsel for the appellant also wants time to submit the valuation report /market rent estimate in respect of the said property. Appellants and respondents to apprise the Bench on the next date of hearing for fixation of rent.

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5. FPA-PMLA-1599 & 1601/COCHIN/2017

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The learned counsel for the appellant stated that he seeks some time as he has just been appointed. He will be heard on the next occasion with regard to the market rent for which eviction notice has already been issued and a view taken.

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6. FPA-PMLA-1600/COCHIN/2017

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The learned counsel for the appellant states that there is only one property available for which eviction notice No. ECIR/KZSZO/5/2015

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FPA-PMLA-1567-1568, 1572, 1580/COCHIN/2016 Page 4 of 5 & FPA-PMLA-1599, 1600-1601 & 1609-1612/COCHIN/2017

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dated 02.12.2016 has been issued. He further states that the said property is in a very remote village and considering that a reasonable rent may be fixed. The learned counsel for the respondent states that the valuation is made by the State Authorities and hence it is a fair estimate which is Rs. 16,733/- . Considering the arguments of both the sides, Rs. 10,000/- per month as rent seems appropriate and is fixed accordingly.

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7. FPA-PMLA-1609 to 1612/COCHIN/2017

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With regard to Appeal numbers from FPA-PMLA-1609 to 1612 /COCHIN/2017, there are no eviction notices as they are all agricultural lands.

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The rents in respect of the above mentioned properties in the concerned appeals shall be payable from the date of the stay order of the year 2016 i.e. December, 2016. The arrears of rent up to date shall be paid within two months by the respective appellants to the respondent. They shall also start paying rents regularly each month starting from April, 2019 by the 5^th of the next month until the final disposal of the case.

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List the appeals vide nos. FPA-PMLA- 1572/COCHIN /2016, FPA-PMLA-1580/COCHIN/2016 , FPA-PMLA-1599/COCHIN/2017 and FPA-PMLA-1601/ COCHIN/ 2017 on 25^th July, 2019.

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(Ananya Ray) Member

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New Delhi, 12^th April, 2019 M

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FPA-PMLA-1567-1568, 1572, 1580/COCHIN/2016 & FPA-PMLA-1599, 1600-1601 & 1609-1612/COCHIN/2017

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Page 5 of 5

FPA-PMLA-1572/COCHIN/2016 of Hassan a a v/s The Deputy Director Directorate of Enforcement, Cochin

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1572/COCHIN/2016 of Hassan a a v/s The Deputy Director Directorate of Enforcement, Cochin

Case brief

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What did the court decide?

What the court decided

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