The High Court of Kerala allowed a revision petition in an eviction case under the Kerala Buildings (Lease and Rent Control) Act. The court granted the tenant one year to vacate the premises upon conditions regarding arrears and future rent payments.
Time granted to vacate until 31.7.2015 subject to payment of arrears and monthly rent.
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 K.T.SANKARAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN
FRIDAY, THE 21ST DAY OF NOVEMBER 2014/30TH KARTHIKA, 1936
RCRev..No. 128 of 2014 (C)
AGAINST THE JUDGMENT IN RCA 39/2011 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY (III ADDITIONAL DISTRICT JUDGE), ERNAKULAM DATED 08-11-2013.
AGAINST THE ORDER IN RCP.NO.51/2008 ON THE FILE OF THE RENT CONTROL COURT (III ADDITIONAL MUNSIFF'S COURT), ERNAKULAM DATED 27-10-2010.
REVISION PETITIONER/APPELLANT/RESPONDENT:
M.S.MUHAMMED KUTTY, AGED 59 YEARS S/O.T.A.SAINUDEEN, M.S.& S COMPANY, GROUND FLOOR, DIVYA COMPLEX, VYTILLA JUNCTION, KOCHI 19.
BY ADVS. SRI.A.K.MOHAMED ALI SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN
SRI.JOSEPH KURIAN VALLAMATTAM
RESPONDENTS/RESPONDENTS/PETITIONERS:
R1 TO R3 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.)
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 21.11.2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
I.A.NO.1273/2014 IN R.C.R.NO.128/2014
DISMISSED
SD/- K.T.SANKARAN, JUDGE
21/11/2014 SD/- P.D.RAJAN, JUDGE
//TRUE COPY//
AHZ/
K.T.SANKARAN & P.D.RAJAN, JJ.
---------------------------------------------------R.C.R. NO.128 OF 2014 (C)
---------------------------------------------------Dated this the 21st day of November, 2014
O R D E R
K.T.Sankaran, J.
The respondent in R.C.P.No.51 of 2008 on the file of the Rent Control Court, Ernakulam, who is the appellant in R.C.A.No.39 of 2011 on the file of the Rent Control Appellate Authority, Ernakulam is the revision petitioner. The revision petitioner is the tenant of a building which is owned by the respondents. The Rent Control Petition was filed under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). The Rent Control Court as well as the Appellate Authority concurrently found that the bona fide need is established and accordingly, the Rent Control Petition was allowed and the appeal therefrom was dismissed.
2. The learned counsel for the petitioner/tenant submitted that
the only relief which the tenant prays for in this Revision is that he
R.C.R. NO.128 OF 2014 (C)
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may be granted one year's time to vacate the premises. The learned senior counsel appearing for the respondents/landlords submitted that a reasonable time may be granted to the tenant to vacate the premises. Taking into account the facts and circumstances of the case, we suggested that the tenant can be granted time till 31.7.2015 to vacate the premises. This suggestion was accepted by both sides.
Accordingly, the Rent Control Revision is disposed of granting time till 31.7.2015 to the petitioner/tenant to vacate the petition schedule building but subject to the condition that he shall pay to the landlords or deposit before the Rent Control Court the arrears of rent, if any, on or before 31.1.2015 and also on condition that the monthly rent shall be paid on or before 10th of the succeeding months. The petitioner/tenant shall file an affidavit before the Rent Control Court on or before 31.1.2015 unconditionally undertaking to vacate the premises on or before 31.7.2015. If the tenant complies with the above conditions, the order of eviction shall be kept in abeyance till 31.7.2015. If the tenant fails to comply with any of the
R.C.R. NO.128 OF 2014 (C)
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conditions mentioned above, the order of eviction can be executed
forthwith.
(K.T.SANKARAN) Judge
(P.D. RAJAN) Judge
ahz/
1 issue framed by the court
Whether the tenant granted a one-year stay from eviction under revision.
1 provisions across 1 enactments
M.S. Muhammed Kutty
Smt. U. Devi
Smt. K.P. Lekshmi Devi
Sri. K.P. Narayan
K.T. Sankaran
P.D. Rajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
