R P RAMAKRISHNA AYYAR Vs. V SREEDHARANVARMAN THAMPAN
LAWS(KER)-1963-3-27
HIGH COURT OF KERALA
Decided on March 19,1963

R.P.RAMAKRISHNA AYYAR Appellant
VERSUS
V.SREEDHARANVARMAN THAMPAN Respondents




JUDGEMENT

- (1.)IN this writ petition, under Article 227 of the Constitution, Mr. T. N. Subramonia iyer, learned counsel for the petitioner-tenant, challenges the order of the Rent court, Ext. P-1 as well as the order of the appellate authority, namely, Ext. P-2.
(2.)THE petitioner, who is the tenant of the holding in question, filed an application before the Kent Court, Palghat at Chittoor, under Section 16 of the Malabar tenancy Act for fixation of fail rent. The Rent Court accepted in part the grievance of the petitioner and fixed the fair rent as mentioned in the order, Ext. P-1.
(3.)NOT satisfied with the fixation of fair rent under Ext. P-1, the petitioner took up the matter in appeal before the appellate Authority, namely, the learned subordinate Judge of Palghat, under Section 17 of the Malabar Tenancy Act asking for relief by way of further reduction of the fair rent fixed by the Rent Court. The petitioner's appeal was C. M. A. No. 47 of 1960. The contesting respondent here, the landlord, also filed an appeal, namely, C. M. A. No. 61 of 1960, before the appellate authority claiming to have an enhanced rent fixed by the appellate authority. Both the appeals were disposed of by a common judgment evidenced by ext. P-2. Ultimately it is seen that the appellate authority appears to have accepted the grievance of the landlord and enhanced the fair rent fixed by the rent Court under Ext. P-1 and in consequence the appeal filed by the land-lord was allowed in part and the appeal filed by the petitioner-tenant was dismissed. I will have to refer to the principles adopted by both the authorities in the matter of fixation of fair rent a little later when I consider the attack levelled as against these orders, by the learned counsel for the petitioner on merits.
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