Rent Enhancement Petition under section 5

Rented Building Owners Association Kerala

BEFORE THE RENT CONTROL COURT KOTTAYAM
R.C. O.P. NO /2 010
Petitioner
M. O, Mani

Counter Petitioner
Jose Philip

Name and address of petitioner
M. O. Mani aged 74, residing at Thannickal House, Pakkil P.O. Kottayam.
Name and address of the counter petitioner .
Jose Philip aged, 65, J & P Paint House, KMC/799/IX, Thannickal Buidings, Thirunakkara, Kottayam, residing at Kavumgumkattil House, Kidangoor South P.O. Kottayam.
1. The above named petitioner respectfully submits as follows.
2. Petition is filed under section 5 (1) of Act II of 1965 The Kerala Buildings (Lease and Rent Control) Act 1965 for fixation of fair rent for the schedule building occupied by the counter petitioner as the tenant thereof.
3. The building was originally let to the father of the counter petitioner by the petitioner. On the death of the original tenant, the counter petitioner attorned to the petitioner and remained as the sole…

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Great Drawback to the Building Owners

The Kerala High Court in two different judgments put the building owners in difficulty, Both these judgments insist that where second petition is filed to evict a tenant on the same ground, the building owner has to specifically plead and prove the changed circumstances to enable the building owner to claim the same cause of action second time, without the bar of resjudicata.

High Court granted permission to institute fresh Rent Control Petition. Even such permission cannot survive and the fresh petition will be hit by Section 15. (Unniraja v. Gurudas, 2014 (2) KLT SN 51 Ccase No. 68)

To get the benefit of settled law that a second petition can be filed in changed circumstances, the landlord must plead and prove material change in circumstances to save the landlord from the bar under section 15. Shamsudeen v. Balan Nair 2014 (2) KLT 978