The High Court disposed of a rent control revision petition filed by a tenant challenging an eviction order. The parties reached a compromise agreement regarding the vacating of the shop room, which the Court accepted and made part of the order.
Rent Control Revision disposed of based on a compromise agreement dated 08.11.2021 entered between the parties.
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 ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
R.C.REV.NO.125 OF 2020
AGAINST THE JUDGMENT DATED 01.02.2020 IN R.C.A NO.14 OF 2019 OF RENT CONTROL APPELLATE AUTHORITY(ADDL.DISTRICT
JUDGE-II), ALAPPUZHA AND
THE ORDER DATED 29.06.2019 IN R.C.P NO.17 OF 2016 OF RENT CONTROL COURT(MUNSIFF),CHERTHALA
REVISION PETITIONER:
A.SUNIL AGED 53 YEARS S/0.P.K. ARAVINDAKSHAN RAJAMANDHIRATHIL HOUSE, CMC, 16, KOKKOTHAMANGALAM VILLAGE, MARUTHORVATTOM P.O., CHERTHALA, TALUK, ALAPPUZHA.
BY ADVS. B.PRAMOD SMT.NAMITHA JYOTHISH
RESPONDENT:
PHILIP SEBASTIAN AGED 33 YEARS S/O. SEBASTIAN, PANICKAPPARAMBIL, VARANAM MURI, THANNEERMUKKOM NORTH VILLAGE, THANNEERMUKKOM GRAMA PANCHAYATH, WARD NO. 14, THANNEERMUKKOM P.O. CHERTHALA.- 688524
BY ADVS. JOBY CYRIAC KURIAN K JOSE
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O R D E R
Anil K. Narendran, J
The petitioner is the respondent-tenant in R.C.P.No.17 of 2016 on the file of the Rent Control Court (Munsiff), Cherthala, a petition filed by the respondent herein - landlord under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the tenant from the petition schedule shop room. The tenant contested the matter by filing counter. The Rent Control Court, by the order dated 29.06.2019, allowed R.C.P.No.17 of 2016 and the tenant was directed to give vacant possession of the petition schedule shop room to the landlord, under Section 11(8) of the Act, within one month from the date of that order. In case of default, the landlord was entitled to get vacant possession of the building through process of Court. The landlord was also found entitled to realise cost of the petition from the respondent.
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the Act. By the judgment dated 01.02.2020, the Appellate Authority dismissed that appeal, thereby confirming the order of eviction granted by the Rent Control Court.
came up for admission, it was ordered to be posted after Onam holidays, at the request of the learned counsel for the petitioner-tenant. Thereafter, the matter was listed on 05.11.2021, for admission, based on an urgent memo filed by the petitioner on 03.11.2021. When the matter was taken up for admission, the learned counsel for the respondent-landlord submitted that on account of mere pendency of this Rent Control Revision, the execution court is not proceeding with the matter. The learned counsel has also pointed out the pendency
of a connected Rent Control Revision, as R.C.Rev.No.81 of
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R.C.REV.NO.125 OF 2020
report from the execution court, namely, the Munsiff's Court,
Cherthala, and ordered the matter to be listed at 4.00 p.m.
received from the Principal Munsiff, Cherthala, wherein it is stated that on 29.01.2021 the learned counsel for the tenantjudgment debtor informed the execution court that R.C.A.No.14 of 2019 was dismissed and the judgment debtor is preferring revision before this Court. The counsel sought time for producing stay order. Based on that submission, the execution court posted the matter on 03.04.2021. On that day and also on the next posting date, i.e., 23.06.2021, there was no sitting, and therefore, the case was adjourned to 03.08.2021. On 03.08.2021, the judgment debtor sought time for producing the stay order. Hence, the matter was adjourned to 28.08.2021. On that day also, there was no sitting and hence the matter was adjourned to 10.09.2021. On 10.09.2021 time till 13.10.2021 was granted to the judgment debtor to produce
stay order. On that day, the matter was again adjourned to 20.10.2021 for producing stay order. Since no stay order was
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produced, the case was posted on 21.10.2021 for filing an affidavit or producing the stay order. On 21.10.2021 the judgment debtor filed an affidavit stating that a revision is
pending before this Court and sought time for producing the stay order. Hence, the execution petition was adjourned to 06.11.2021, for producing stay order.
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the parties have compromised the matter as per the terms and conditions contained in I.A.No.1 of 2021. The said terms and conditions read thus:
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R.C.REV.NO.125 OF 2020
In such circumstances, this Rent Control Revision is
disposed of in terms of the compromise dated 08.11.2021 referred to herein above, which shall form part of this order.
Sd/- ANIL K.NARENDRAN JUDGE
Sd/-
P.G. AJITHKUMAR JUDGE
PV
1 provisions across 1 enactments
A.Sunil
Philip Sebastian
Anil K.Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
