Tenants in revision challenged the eviction order confirming arrears of rent. The High Court dismissed the revision, holding that an alleged oral agreement for sale was unsustainable against the proved rental agreement and court sale possession, upholding the eviction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR &
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
THURSDAY, THE 4TH DAY OF APRIL 2013/14TH CHAITHRA 1935
RCRev..No. 434 of 2012 ()
AGAINST THE JUDGMENT IN RCA.77/2010 of RENT CONTROL APPELLATE AUTHORITY, THRISSUR DATED 12-10-2012
AGAINST THE ORDER IN RCP.32/2006 of RENT CONTROLCOURT,IRINJALAKUDA DATED 30.6.2010
REVISION PETITIONERS/APPELLANTS/TENANTS:
1. SURESH AGED 45 YEARS S/O.PARVATHY VELAYUDHAN, KAIPPULLITHURA
2. VIJAYA , AGED 40 YEARS, W/O.SURESH, KAIPPULLITHURA S.N.NAGAR, IRINJALAKUDA VILLAGE, MUKUNDAPURAM TALUK.
3. SUJI, AGED 21, D/O.PAVARATTY SURESH AGED 21 YEARS KAIPPULLITHURA, S.N.NAGAR IRINJALAKUDA VILLAGE MUKUNDAPURAM TALUK.
4. SUMI, AGED 18 YEARS, D/O.PAVARATTY SURESH KAIPPULLITHURA
5. SUDHIL (MINOR)
BY ADV. SRI.K.B.PRADEEP
VK
RCRev..No. 434 of 2012 ()
RESPONDENTS/RESPONDENT/PETITIONER:
1. UNNIKRISHNAN, S/O.THAIVALAPPIL PRABHAKARAN PORATHISSERY VILLAGE, DESOM, MUKUNDAPURAM TALUK 680 114
2. SHEEJA, D/O. VILLADAN BALAN, KAIPPULLITHURA DESOM SN NAGAR S.N.NAGAR, IRINJALAKUDA VILLAGE MUKUNDAPURAM TALUK 680114
3. DASAN, S/O.VILLADAM BALAN EDAPPILLY VEEDU, KALLUR VILLAGE, DESOM MUKUNDAPURAM TALUK 680 114
4. SANTHA,D/O.VILLADAM BALAN, W/O.VENU, PESANNOOR HOUSE VALANCHERY, MALAPPURAM 680 114.
5. GEETHA, D/O.VILLADAM BALAN & W/O.PARAPPUR VEETTIL RAMESH, PARAPPUR HOUSE AMALA NAGAR MUTHUVARA DESOM, PUZHAKKAL,
THRISSUR TALUK 680 114
6. SINDHU, D/O.VILLADAM BALAN & W/O.PESANNOOR VEETTIL SANTHOSH, PESANOOR HOUSE VALANCHERY VILLAGE, MALAPPURAM DISTRICT 680 164.
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 04-04-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
T.R. RAMACHANDRAN NAIR & A.V.RAMAKRISHNA PILLAI, JJ.
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R.C.R. No.434/2012
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Dated this the 4th day of April, 2013
O R D E R
Ramachandran Nair, J.
The claim for arrears of rent, has been adjudicated by both the authorities in favour of the landlords and the tenants are in revision.
R.C.R. No.434/2012
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R.C.R. No.434/2012
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Section 11(2)(c) of the Kerala Buildings (Lease and Rent Control) Act, 1965. Sd/-
(T.R. Ramachandran Nair, Judge.)
Sd/-
(A.V. Ramakrishna Pillai, Judge.)
ms
3 issues framed by the court
Whether the High Court should interfere with the decision confirming the eviction of tenants alleged to be in oral agreement for sale.
Whether an alleged oral agreement for sale is believable when possession was obtained via court sale.
Whether the eviction for non-recovery of rent under Section 11(2)(b) was sustainable.
2 provisions across 1 enactments
Suresh
Unnikrishnan
T.R.Ramachandran Nair
A.V.Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court