Dismissed

P.a.Abdulla, v. Sekali Beary

Kerala HC19 Jul 2019RCRev./160/2011

Case brief

AI extract

What is this about?

Two revision petitions and a cross objection challenging the fixation of fair rent at Rs. 4,000 per room were dismissed. The High Court found no merit in the challenge, upholding the Rent Control Appellate Authority's factual findings regarding locality and amenities.

What did the court decide?

Revision petitions and cross objection dismissed; judgment of the Rent Control Appellate Authority affirmed.

P.a.Abdulla, Vs Sekali Beary — Writ and Judicial Review | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.HARIPRASAD

¶4

¶5

THE HONOURABLE MRS. JUSTICE SHIRCY V.

¶6

FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941

¶7

RCRev..No.160 of 2011

¶8

AGAINST THE JUDGMENT DATED 07-12-2010 IN RCA 21/2004 of RENT CONTROL APPELLATE AUTHORITY, KASARAGOD.

¶9

AGAINST THE ORDER DATED 16-03-2004 IN I I.A NO.1003 OF 1999 IN RCP 26/1992 of RENT CONTROL COURT, KASARAGOD.

¶10

REVISION PETITIONER(IST RESPONDENT/IST PETITIONER :

¶11

P.A.ABDULLA, S/O ARABI BEARY, RESIDING AT UPPALA IN UPPALA VILLAGE, KASARAGOD TALUK, P.O.UPPALA - 671 322.

¶12

BY ADV. SRI.KODOTH SREEDHARAN.

¶13

RESPONDENT(APPELLANT/RESPONDENT) :

¶14

1 SEKALI BEARY, (DIED) MUSLIM LANDHOLDER, RESIDING AT HOIGA HOUSE, UPPALA VILLAGE, KASARAGOD TALUK, P.O.UPPALA - 671 322. (LEGAL HEIRS IMPIEADED AS ADDL.R2 TO R9)

¶15

*** ADDL.R2 PATHUMMA, WIDOW OF SEKHALI BEARY, RESIDING AT POYYA HOUSE, UPPALA GATE, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671322.**

¶16

R.C.R No.160 & 161 of 2011 2

¶17

ADDL.R3 AYSHA, D/O. SEKHALI BEARY, RESIDING AT POYYA HOUSE, UPPALA GATE, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.

¶18

ADDL.R4 MARIYUMMA,W/O. B.K.MOHAMMED HAJI, RESIDING AT BAPPAITHOTTI, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.

¶19

ADDL.R5 MOIDU, S/O. SEKHALI BEARY, RESIDING AT POYYA HOUSE, UPPALA GATE, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.

¶20

ADDL.R6 N. ABDULLA, S/O. SEKHALI BEARY, RESIDING AT POYYA HOUSE, UPPALA GATE, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.

¶21

ADDL.R7 KAIRUNNISA, D/O. SEKHALI BEARY, RESIDING AT ARIMALE HOUSE, BADAJE VILLAGE, KASARAGOD TALUK, P.O., KANJESHWAR - 671 323.

¶22

ADDL.R8 SAMIA, D/O. SEKHALI BEARY, RESIDING AT AMBIKANA HOUSE, PAIVALIKE VILLAGE, KASARAGOD TALUK, P.O., PAIVALIKA-671 348.

¶23

ADDL.R9 ZUBAIDA, D/O. SEKHALI BEARY, RESIDING AT DEVAPPABATRA, MOOLE OF TALEKKAL VILLAGE, KASARAGOD TALUK, P.O. TALEKKALA-671 348.

¶24

(ADDITIONAL R2 TO R9 BEING THE LEGAL HEIRS OF DECEASED SOLE RESPONDENT ARE IMPLEADED AS PER ORDER DATED 13/03/2019 IN IA 2512/2011.)

¶25

BY ADVS. SMT.GEETHA P.MENON SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN

¶26

THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 19.07.2019, ALONG WITH CO.47/2011, RCRev.NO.161/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶27

R.C.R No.160 & 161 of 2011 3

¶28

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶29

PRESENT

¶30

THE HONOURABLE MR. JUSTICE A.HARIPRASAD

¶31

¶32

THE HONOURABLE MRS. JUSTICE SHIRCY V.

¶33

FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941

¶34

CO.No.47 of 2011 IN RCRev.. 160/2011

¶35

CROSS OBJECTOR-RESPONDENT IN R.C.R :

¶36

SEKALI BEARY, (DIED) S/O MOIDU BEARY, MUSLIM LANDHOLDER, RESIDING AT HOIGA HOUSE, UPPALA VILLAGE, KASARAGOD TALUK, P.O UPPALA - 671 322.

¶37

(LRS.IMPLEADED)

¶38

ADDL.CO2 PATHUMMA, WIDOW OF SEKHALI BEARY, RESIDING AT POYYA HOUSE, UPPALA GATE, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671322.

¶39

ADDL.CO3 AYSHA, D/O. SEKHALI BEARY, RESIDING AT POYYA HOUSE, UPPALA GATE, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.

¶40

ADDL.CO4 MARIYUMMA,W/O. B.K.MOHAMMED HAJI, RESIDING AT BAPPAITHOTTI, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.

¶41

ADDL.CO5 MOIDU, S/O. SEKHALI BEARY, RESIDING AT POYYA HOUSE, UPPALA GATE, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.

¶42

R.C.R No.160 & 161 of 2011 4

¶43

ADDL.CO6 N. ABDULLA, S/O. SEKHALI BEARY, RESIDING AT POYYA HOUSE, UPPALA GATE, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.

¶44

ADDL.CO7 KAIRUNNISA, D/O. SEKHALI BEARY, RESIDING AT ARIMALE HOUSE, BADAJE VILLAGE, KASARAGOD TALUK, P.O., KANJESHWAR - 671 323.

¶45

ADDL.CO8 SAMIA, D/O. SEKHALI BEARY, RESIDING AT AMBIKANA HOUSE, PAIVALIKE VILLAGE, KASARAGOD TALUK, P.O., PAIVALIKA-671 348.

¶46

ADDL.CO9 ZUBAIDA, D/O. SEKHALI BEARY, RESIDING AT DEVAPPABATRA, MOOLE OF TALEKKAL VILLAGE, KASARAGOD TALUK, P.O. TALEKKALA-671 348.

¶47

*** ADDL.CROSS OBJECTION 2 TO 9 BEING THE LEGAL HEIRS OF DECEASAED SOLE CROSS OBJECTOR ARE IMPLEADED AS PER ORDER DATED 13-03-2019 IN I.A NO.2512 OF 2011.**

¶48

BY ADV. SRI.P.B.KRISHNAN

¶49

RESPONDENT/PETITIONER IN R.C.R :

¶50

P.A.ABDULLA, S/O ARABI BEARY, RESIDING AT UPPALA IN UPPALA VILLAGE, KASARAGOD TALUK, P.O UPPALA - 671 322.

¶51

BY ADV. SRI.KODOTH SREEDHARAN.

¶52

THIS CROSS OBJECTION/CROSS APPEAL HAVING BEEN FINALLY HEARD ON 19.07.2019, ALONG WITH RCRev.NOS.161/2011 & 160/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶53

R.C.R No.160 & 161 of 2011 5

¶54

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶55

PRESENT

¶56

THE HONOURABLE MR. JUSTICE A.HARIPRASAD

¶57

¶58

THE HONOURABLE MRS. JUSTICE SHIRCY V.

¶59

FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941

¶60

RCRev..No.161 of 2011

¶61

AGAINST THE JUDGMENT DATED 07-12-2010 IN RCA 28/2004 of RENT CONTROL APPELLATE AUTHORITY, KASARAGOD.

¶62

AGAINST THE ORDER DATED 16-03-2004 IN I.A NO.1003 OF 1999 IN RCP 26/1992 of RENT CONTROL COURT, KASARAGOD.

¶63

REVISION PETITIONER/ (APPELLANT/1ST PETITIONER) :

¶64

P.A. ABDULLA, S/O ARABI BEARY,

¶65

RESIDING AT UPPALA IN UPPALA VILLAGE, KASARAGOD TALUK, P O UPPALA - 671 322.

¶66

BY ADV. SRI.KODOTH SREEDHARAN.

¶67

RESPONDENT (RESPONDENT/RESPONDENT) :

¶68

SEKALI BEARY, (DIED) S/O MOIDU BEARY, MUSLIM LANDHOLDER, RESIDING AT HOIGA HOUSE, UPPALA VILLAGE, KASARAGOD TALUK , PO UPPALA - 671 322.

¶69

(LEGAL HEIRS IMPIEADED AS ADDL.R2 TO R9)

¶70

*** ADDL.R2 PATHUMMA, WIDOW OF SEKHALI BEARY, RESIDING AT POYYA HOUSE, UPPALA GATE, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.**

¶71

R.C.R No.160 & 161 of 2011 6

¶72

ADDL.R3 AYSHA, D/O. SEKHALI BEARY, RESIDING AT POYYA HOUSE, UPPALA GATE, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.

¶73

ADDL.R4 MARIYUMMA,W/O. B.K.MOHAMMED HAJI, RESIDING AT BAPPAITHOTTI, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.

¶74

ADDL.R5 MOIDU, S/O. SEKHALI BEARY, RESIDING AT POYYA HOUSE, UPPALA GATE, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.

¶75

ADDL.R6 N. ABDULLA, S/O. SEKHALI BEARY, RESIDING AT POYYA HOUSE, UPPALA GATE, UPPALA VILLAGE, KASARAGOD TALUK, P.O. UPPALA - 671 322.

¶76

ADDL.R7 KAIRUNNISA, D/O. SEKHALI BEARY, RESIDING AT ARIMALE HOUSE, BADAJE VILLAGE, KASARAGOD TALUK, P.O., KANJESHWAR - 671 323.

¶77

ADDL.R8 SAMIA, D/O. SEKHALI BEARY, RESIDING AT AMBIKANA HOUSE, PAIVALIKE VILLAGE, KASARAGOD TALUK, P.O., PAIVALIKA-671 348.

¶78

ADDL.R9 ZUBAIDA, D/O. SEKHALI BEARY, RESIDING AT DEVAPPABATRA, MOOLE OF TALEKKAL VILLAGE, KASARAGOD TALUK, P.O. TALEKKALA-671 348.

¶79

*** ADDL.RESPONDENTS 2 TO 9 BEING THE LEGAL HEIRS OF DECEASED SOLE RESPONDENT ARE IMPLEADED AS PER ORDER DATED 13-03-2019 IN I.A NO.2507/2011.**

¶80

BY ADVS. SMT.GEETHA P.MENON SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN

¶81

THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 19.07.2019, ALONG WITH RCRev.NO.160/2011, CO.47/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶82

R.C.R No.160 & 161 of 2011 7

¶83

A.HARIPRASAD & SHIRCY.V, J J.

¶84

R..C.R No.160 OF 2011

¶85

¶86

Cross Objection No.47 OF 2011

¶87

¶88

R.C.R No.161 of 2011

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Dated this the 19th day of July, 2019

¶90

C O M M O N O R D E R

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A.HARIPRASAD, J

¶92

Heard the learned counsel for the revision petitioner and

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respondents.

¶94

The revision petitioner preferred two petitions challenging the

¶95

fixation of fair rent in respect of two rooms belonging to the same landlord,

¶96

which is outstanding in his possession in tenancy right.

¶97

R.C.R No.160 & 161 of 2011 8

¶98

The factual matrix lies in a narrow compass. The original

¶99

respondent/landlord filed an application before the Rent Control Court under Section 11(4)(iv) of the Kerala Buildings (Lease and Rent Control)

¶100

Act, 1965 (in short 'the Act'), for permitting him to reconstruct the building. After taking evidence, the application was allowed. After reconstruction, the revision petitioner was re-inducted into two rooms, for which Rs.600/- was the rent fixed for each room.

¶101

Pursuant to an order on I.A No.1003 of 1999, the Rent Control

¶102

Court fixed Rs.600/- as market rent. Aggrieved by this fixation, both the landlord and tenant took up the matter in separate appeals. The appeals

¶103

were jointly considered by the Appellate Authority and remanded the

¶104

matters to the Rent Control Court for a fresh consideration. After considering the entire matters, the Rent Control Court re-fixed the fair rent of each room at the rate of Rs.1,750/- per mensum.

¶105

R.C.R No.160 & 161 of 2011 9

¶106

Feeling aggrieved, both the parties again went up in appeal. As

¶107

per common judgment in R.C.A Nos.21 and 28 of 2004, the Rent Control Appellate Authority, Kasaragod considering the locational importance and

¶108

the convenience in the room, fixed the rent at the rate of Rs.4,000/- for each room. This finding is challenged in these revision petitions. We have

¶109

also noticed a cross objection filed by the landlords/respondents claiming a

¶110

monthly rent of Rs.7,000/- for each room. The Rent Control Court has considered the nature of the building and importance of the locality in

¶111

which it is situated and also the amenities provided in the room. Taking

¶112

into consideration of all the matters, it fixed an amount of Rs.1,750/- per

¶113

room. According to the revision petitioner, that was on a higher side.

¶114

Landlord would contend that it is too meagre an amount, in the light of the

¶115

importance of the locality in which the building is situated. Therefore, both

¶116

sides went in appeal.

¶117

R.C.R No.160 & 161 of 2011 10

¶118

Appellate authority reconsidered the entire evidence and

¶119

arrived at a conclusion that the claim made by the landlord for fixing the

¶120

rent at the rate of Rs.7,000/- is on a higher side. But it found that Rs.1,750/- per month for each room is highly insufficient. Therefore, after considering the entire evidence, the Appellate authority re-fixed the rent at

¶121

the rate of Rs.4,000/- per mensum for each room.

¶122

After hearing the learned counsel on both sides and on perusal

¶123

of the materials before us, we find no tangible reason to interfere with the

¶124

factual findings arrived at by the Rent Control Appellate Authority. The Appellate Authority has considered all relevant matters referred to in Edger

¶125

Ferus v. Abraham Ittycheria (2004 (1) K.L.T 767) . There is no illegality or

¶126

impropriety in the re-fixation of rent by the Appellate Authority. It has

¶127

stated valid reason for declining the prayer of fixing the monthly rent per

¶128

room at the rate of Rs.7000/- raised by the landlord.

¶129

R.C.R No.160 & 161 of 2011 11

¶130

Having regard to the facts and circumstances, we find no merit in

¶131

the revision petitions and cross objection. Hence, the revision petitions and

¶132

the cross objection are dismissed affirming the judgment passed by the

¶133

Rent Control Appellate Authority in these matters.

¶134

All pending interlocutory applications will stand dismissed.

A. HARIPRASAD,

JUDGE.

SHIRCY.V, JUDGE

amk

P.a.Abdulla, v. Sekali Beary

Case brief

What is this about?

What did the court decide?

P.a.Abdulla, v. Sekali Beary

Case brief

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