Disposed

Kiran Kumar v. Pradeep Mohan Warrier

Kerala HC21 Nov 2018RCRev./373/2018

Case brief

AI extract

What is this about?

The court disposed of a rent control revision petition by granting the tenant three months to vacate premises, conditional on immediate payment of full rent arrears and execution of an undertaking to pay future rent until eviction.

What did the court decide?

Three months time granted to vacate premises subject to immediate payment of full rent arrears in two installments by 15.12.2018 and 31.12.2018.

Kiran Kumar Vs Pradeep Mohan Warrier — Landlord and Tenant | Kerala HC (2018)

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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 C.K.ABDUL REHIM

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THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

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WEDNESDAY,THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940

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RCRev..No. 373 of 2018

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I.A.NO.956/2018 IN R.C.A.NO.21/2017 of ADDL.DISTRICT COURT – VII/RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM, DATED 14-08-2018

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R.C.A.NO.21/2017 OF ADDITIONAL DISTRICT COURT – VII/RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM

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R.C.P.NO.149/2015 of III ADDITIONAL MUNSIFF & RENT CONTROL COURT, ERNAKULAM DATED 31-01-2017

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REVISION PETITIONER/RESPONDENT/APPELLANT:

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KIRAN KUMAR, AGED 39 YEARS, S/O.ARUMUGHAN, RESIDING AT VILLA BEARING NO.XI/260(F), PLOT NO.7, SOUPARNIKA PARK, MLA ROAD, UDAYAMPEROOR, MANAKKUNNAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI SRI.D.M.SAJEEVAN

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RESPONDENT/PETITIONER/RESPONDENT:

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PRADEEP MOHAN WARRIER, S/O.MOHAN R WARRIER, AGED 51 YEARS, RESIDING AT “SAVITHA”, 44 AMBILY NAGAR, JETTY ROAD, TRIPUNITHURA P.O., ERNAKULAM DISTRICT - 682301

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BY ADV. SRI.VARGHESE PREM

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THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 21.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RCRev..No. 373 of 2018 : 2 :

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ORDER

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C.K.Abdul Rehim, J.

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Eventhough the above revision petition was filed raising various contentions, learned counsel for the revision petitioner conceded that those grounds are not pressed and the revision petition may be dismissed by allowing 3 months time to vacate the tenanted premises.

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2. Heard; learned counsel for the

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respondent/landlord.

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3. The request for granting time is stiffly opposed. However, it is conceded that 3 months time can be granted subject to condition of payment of the entire arrears of rent immediately.

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4. Having considered the situation as mentioned above, we are inclined to grant reasonable time for the revision petitioner/tenant to hand over vacant possession of the tenanted

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RCRev..No. 373 of 2018 : 3 :

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premises, subject to condition of immediate

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payment of the arrears of rent due.

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Therefore, the above revision petition is hereby disposed of on the following terms:

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The revision petitioner/tenant is granted 3 months time from today to vacate and hand over peaceful and vacant possession of the tenanted premises to the respondent/landlord, subject to the following conditions:

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i. The revision petitioner/tenant shall pay the arrears of rent at the rate of `8,000/- per month due from August, 2016, upto date, in 2 equal installments falling due on or before 15.12.2018 and 31.12.2018.

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ii. The revision petitioner/tenant shall continue the payment of rent at the above said rate for the period during which he is occupying the tenanted premises.

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iii. The revision petitioner/tenant shall

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RCRev..No. 373 of 2018 : 4 :

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execute an undertaking in the form of an affidavit

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before the Execution Court, undertaking to hand over peaceful and vacant possession of the tenanted premises, before expiry of the 3 months period mentioned as above and also undertaking to pay the rent due for the period till then.

Sd/-

C.K.ABDUL REHIM

JUDGE

Sd/-

T.V.ANILKUMAR

JUDGE

[True copy]

P.A to Judge

Kiran Kumar v. Pradeep Mohan Warrier

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Kiran Kumar v. Pradeep Mohan Warrier

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