The High Court of Kerala granted the petitioner one week to deposit rent arrears and deferred delivery of possession for one month to surrender the building under a compromise decree in an execution proceeding.
Petitioner granted one week to deposit rent arrears; delivery deferred for one month to surrender building.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL & THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 3RD DAY OF AUGUST 2017/12TH SRAVANA, 1939
OP (RC).No. 116 of 2017 (O) ----------------------------
(AGAINST THE ORDER DATED 22-7-2017 IN EP 83/2017 IN RC(OP) 15/2016 OF PRINCIPAL MUNSIFF COURT, KOLLAM)
PETITIONER:
ANITHA, W/O.LATE MOHANAN AGED 50 YEARS, SASI MANDIRAM, VARUVILAM MUKKU, AKKOTILCHERRY, MAYYANADU P.O., KOLLAM.
BY ADVS.SRI.S.ABHILASH SRI.PRATHEESH.P SMT.RENY ANTO
RESPONDENTS:
1. AHAMMED KABEER, S/O.ALI AKBAR AGED 64 YEARS, SHAKKEER NIVAS, THEJAS NAGAR-19, MANAKKAD CHERRY, VADAKKAVILA VILLAGE, KOLLAM DISTRICT-691019.
2. ANWAR HUSSAIN, S/O.AHAMMED KABEER AGED 40 YEARS, ISMAYIL NIVAS, NEHRU NAGAR-107, VADAKKAVILA VILLAGE, KOLLAM DISTRICT-691019.
R1 AND R2 BY ADV. SRI.SAJU J. PANICKER
THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON 0308-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (RC).No. 116 of 2017 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
----------------------EXHIBIT P1- TRUE COPY OF THE SETTLEMENT ENTERED BETWEEN THE PETITIONER AND THE RESPONDENTS THROUGH MEDIATION DT. 1.2.2017
EXHIBIT P2- TRUE COPY OF THE ORDER PASSED BY THE PRINCIPAL MUNSIFF COURT, KOLLAM IN E.P. 83/2017 IN RC(OP)NO.15/2016 DATED 22.7.2017
RESPONDENT(S)' EXHIBITS
NIL
OKB
//True copy//
P.A. to Judge
K.HARILAL & P. SOMARAJAN, JJ.
--------------------------O.P(RC) No.116 of 2017
--------------------------Dated this the 3rd day of August, 2017
JUDGMENT
Harilal, J.
The petitioner is the Judgment Debtor in E.P.No.83/2017 in R.C(OP) No.15/2016 on the files of the Principal Munsiff's Court, Kollam. The aforesaid E.P. was filed for the execution of a decree, which was settled in compromise between the parties. As per the compromise decree, the petitioner agreed that the petition schedule building will be surrendered on or before 30/4/2017 and that she will clear the rent dues to the tune of Rs.44,000/before 30/4/2017. But, she has neither surrendered the vacant possession of the building nor paid the amount of arrears. In the above circumstance, the respondents filed the aforesaid E.P. seeking execution of the compromise decree. Now the grievance of the petitioner is that she
OP(RC). 116/17 :2:
wants two months' time to surrender the petition schedule building.
Having regard to the submissions at the Bar and the facts and circumstances of the case, the petitioner is given one week's time to deposit the entire arrears of rent before the Execution Court as per the compromise decree and the delivery will stand deferred for one week. If she deposits the said amount within the said time, the delivery will stand deferred for a further period of one month for surrendering the petition schedule building, failing which
OP(RC). 116/17 :3:
the Execution Court shall proceed with delivery, in execution of the compromise decree.
This O.P(RC) is disposed of accordingly.
K.HARILAL,
Judge.
P.SOMARAJAN,
Judge.
okb.
1 issue framed by the court
Whether the petitioner is to be given time to surrender possession of the building and pay rent arrears as per compromise decree.
Anitha
Ahammed Kabeer
Anwar Hussain
K. Harilal
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
