Disposed

B.Radhakrishna Pillai v. Smt.U.Devi

Kerala HC21 Nov 2014RCRev./139/2014

Case brief

AI extract

What is this about?

This revision petition challenged eviction orders. The High Court disposed of the matter by granting the tenant one year to vacate, conditional upon filing an affidavit and depositing arrears and future rent by Jan 31, 2015, suspending eviction execution if conditions are met.

What did the court decide?

Granted one year time to vacate the building on conditions including deposit of arrears and filing of affidavit; eviction execution suspended pending compliance.

B.Radhakrishna Pillai Vs Smt.U.Devi — Landlord and Tenant | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.T.SANKARAN

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THE HONOURABLE MR. JUSTICE P.D.RAJAN

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FRIDAY, THE 21ST DAY OF NOVEMBER 2014/30TH KARTHIKA, 1936

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RCRev..No. 139 of 2014 (B)

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AGAINST THE JUDGMENT IN RCA 6/2011 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM DATED 8.11.2013

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AGAINST THE ORDER IN RCP.NO.50/2008 ON THE FILE OF THE RENT CONTROL COURT (III ADDL.MUNSIFF), ERNAKULAM, DATED 27.10.2010.

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REVISION PETITIONER/APPELLANT/RESPONDENT :

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B.RADHAKRISHNA PILLAI, AGED 48 YEARS S/O. BALAKRISHNA PILLAI, SREELAKSHMI BAKERY GROUND FLOOR, DIVYA COMPLEX, VYTTILA JUNCTION KOCHI-19, ERNAKULAM DISTRICT.

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BY ADVS. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR)

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RESPONDENTS/RESPONDENTS/PETITIONERS :

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SMT.U.DEVI, W/O. LATE V.S.PADMANABHAN UNNI,

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DIVYA, PATTURAICKAL, THRISSUR, THRISSUR DISTRICT- 680 001.

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SMT. K.P.LAKSHMI DEVI, D/O. LATE V.S.PADMANABHAN UNNI,

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DIVYA, PATTURAICKAL, THRISSUR, THRISSUR DISTRICT - 680 001.

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K.P.NARAYANAN

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S/O. LATE V.S.PADMANABHAN UNNI, DIVYA, PATTURAICKAL

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THRISSUR, THRISSUR DISTRICT - 680 001.

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R1 TO R3 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.)

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R1 TO R3 BY ADV. SMT.K.V.SHENU

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R1 TO R3 BY ADV. SMT.S.AMBILY

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R1 TO R3 BY ADV. SRI.ARUN ANTONY

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R1 TO R3 BY ADV. SRI.HARIPRIYESH . M.K.

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THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 21.11.2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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I.A.NO.1353/2014 IN R.C.R.NO.139/2014

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DISMISSED

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SD/- K.T.SANKARAN, JUDGE

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21/11/2014 SD/- P.D.RAJAN, JUDGE

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//TRUE COPY//

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AHZ/

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K.T.SANKARAN & P.D.RAJAN, JJ.

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---------------------------------------------------R.C.R. NO.139 OF 2014 (B)

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---------------------------------------------------Dated this the 21^st day of November, 2014

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O R D E R

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K.T.Sankaran, J.

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The tenant in R.C.P.No.50 of 2008 on the file of the Rent Control Court, Ernakulam is the revision petitioner. The Rent Control Court allowed the Rent Control Petition under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). On appeal by the tenant as R.C.A.No.6 of 2011 on the file of the Rent Control Appellate Authority, Ernakulam, the Appellate Authority dismissed the appeal. The tenant challenges the concurrent findings of the authorities below under Section 11(3) of the Act.

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There were attempts to settle the disputes before the Mediation Centre but for one reason or other the attempts did not materialise. When the Revision came up for hearing today, the

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R.C.R. NO.139 OF 2014 (B)

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learned counsel appearing for the petitioner submitted that the tenant would be satisfied if one year's time is granted to vacate the petition schedule building. The learned senior counsel appearing for the landlords submitted that the time asked for by the tenant is unacceptable in the peculiar facts and circumstances of the case and only a reasonable time can be granted. In the course of discussion, both sides agreed that it would be proper to grant time till 30.6.2015 to the tenant to vacate the petition schedule building.

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Accordingly, the Rent Control Revision is disposed of granting time till 30.6.2015 to the tenant to vacate the petition schedule building, on condition that the tenant shall file an affidavit before the Rent Control Court on or before 31.1.2015 unconditionally undertaking to vacate the petition schedule building on or before 30.6.2015 and also on condition that the tenant shall deposit the arrears of rent before the Rent Control Court on or before 31.1.2015 and shall continue to deposit the monthly rent on or before 10^th of the succeeding months. If the tenant complies with the conditions mentioned above, the order of eviction shall not be executed against him till 30.6.2015. If the tenant fails to comply with any of the

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R.C.R. NO.139 OF 2014 (B)

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conditions mentioned above, the order of eviction shall be executed

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forthwith.

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(K.T.SANKARAN) Judge

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(P.D. RAJAN) Judge

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ahz/

B.Radhakrishna Pillai v. Smt.U.Devi

Case brief

What is this about?

What did the court decide?

B.Radhakrishna Pillai v. Smt.U.Devi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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