High Court Kerala High Court

T.A.Habeeb Rehman vs P.S.Ismail on 21 October, 2010

Kerala High Court
T.A.Habeeb Rehman vs P.S.Ismail on 21 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30424 of 2010(C)


1. T.A.HABEEB REHMAN,
                      ...  Petitioner

                        Vs



1. P.S.ISMAIL, PUTHUPARAMBIL,
                       ...       Respondent

2. ACCOMODATION CONTROLLER & TAHASILDAR

                For Petitioner  :SRI.T.I.ABDUL SALAM

                For Respondent  :SRI.SHAJI P.CHALY

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :21/10/2010

 O R D E R
               PIUS C. KURIAKOSE &
               P. S. GOPINATHAN, JJ.
    ------------------------------------------------
          W. P. (Civil) No.30424 of 2010
    ------------------------------------------------
     Dated this the 21st day of October, 2010

                    JUDGMENT

Pius C. Kuriakose, J

Under challenge in this Writ Petition filed

under Article 226 of the Constitution of India by

the landlord is Ext.P5 order of the Accommodation

Controller permitting the tenant to carry out the

various items of maintenance and repairs

described in the A.C. Petition filed by him. Various

grounds are raised in this Writ Petition challenging

Ext.P5.

2. We have heard submissions of Sri.Philip T.

Varghese, the learned counsel for the petitioner

and those of Sri.S.P.Chaly, the learned counsel for

W. P. (Civil) No.30424 of 2010 -2-

the respondents/tenants. Even though Sri.Philip T.

Varghese addressed strenuously on the basis of

the various grounds in the Writ Petition, what

appealed to us most was his argument that the

Accommodation Controller under Ext.P5 has

virtually permitted the tenant to expend unlimited

amounts and to claim adjustment of such amounts

against future rent. If Ext.P5 is allowed to stand,

the respondent will expend several lakhs of rupees

with the result that the petitioner/landlord will not

be able to recover any amount from the

respondent towards rent. Sri.Philip submitted that

the building abuts K. K. Road and is in the heart of

Mundakayam town. If the building is let out today,

it will fetch at least Rs.6,000/- per mensem.

3. Sri.Chaly submitted that as per the

W. P. (Civil) No.30424 of 2010 -3-

estimate prepared by the respondents, the total

cost in carrying out the repairs will be around

Rs.75,000/-. He submitted that there is no

infirmity about Ext.P5 as the landlord had not

carried out the repairs despite a demand in that

regard by the tenant.

4. When we invited Sri.Chaly’s attention

to the injustice in the tenant being permitted to

expend a huge sum of Rs.75,000/- and permitted

further to adjust the entire amount towards the

rent payable for the building Sri.Chaly submitted

that the tenant is prepared to spend the entire

amount himself and that no adjustment will be

claimed by the tenant of the said amount towards

rent. We record the above submission of

Sri.S.P.Chaly.

W. P. (Civil) No.30424 of 2010 -4-

5. We have very anxiously considered the

rival submissions addressed at the Bar. We find

much force in the submission of Sri.Philip that the

rent of Rs.400/- per mensem presently being paid

by the respondent is very low, when compared to

the rent prevailing in the locality. We are of the

view that in the totality of the circumstances

attending on this case, it is not just to permit the

respondent to expend the requisite amount of

Rs.75,000/- and then adjust the same against the

rent payable to the landlord. We feel that this is a

fit case where the tenant can be permitted to

expend the entire amount by himself and carry

out the repairs without any entitlement for

adjustment of the amounts towards future rent. In

this context, we are relying on the submission

W. P. (Civil) No.30424 of 2010 -5-

made by Sri.Chaly already recorded by us in

paragraph 4 above. We also feel that the rent also

can be re-fixed prospectively with effect from 1st

November, 2010 at the rate of Rs.1,500/- per

mensem. It is open to either party to move the

Rent Control Court by appropriate petition under

Section 5 for fixation of fair rent. Till such time as

fair rent is fixed, the respondent shall pay rent at

Rs.1,500/- per mensem. The result of the above

discussion, therefore, is as follows:-

6. Ext.P5 is modified and the respondent is

permitted to carry out the various items of repairs

and maintenance mentioned in Ext.P1 petition at

his own cost. The amounts expended are not

liable to be adjusted towards the rent due for the

building. At the same time, we make it clear that

W. P. (Civil) No.30424 of 2010 -6-

the respondents will not be entitled to make

structural alterations to the building. The works to

be done by the respondents should be confined to

what are sought for in Ext.P1. The rent payable by

the respondents is re-fixed at Rs.1,500/- per

mensem with effect from 1st November, 2010.

PIUS C. KURIAKOSE
JUDGE

P. S. GOPINATHAN
JUDGE
kns/-

W. P. (Civil) No.30424 of 2010 -7-