Disposed

Manayoli Velayudhan v. Poyilthodi Imbichibeevi

Kerala HC8 Nov 2021RCRev./195/2018

Case brief

AI extract

What is this about?

The Kerala High Court dismissed the revision petition filed by a tenant challenging an eviction order and rent determination, allowing the withdrawal of the petition without prejudice to the petitioner's right to claim rehabilitation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, following the demolition of the shop premises.

What the court decided

AI extract

Manayoli Velayudhan Vs Poyilthodi Imbichibeevi — Landlord and Tenant | Kerala HC (2021)

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 8^TH DAY OF NOVEMBER 2021 / 17TH KARTHIKA, 1943

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R.C.REV.NO. 195 OF 2018

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AGAINST THE ORDER IN R.C.P No.61 OF 2013 OF THE RENT CONTROL COURT(PRINCIPAL MUNSIFF-II),KOZHIKODE AND JUDGMENT IN R.C.A NO.91 OF 2016 OF RENT CONTROL APPELLATE AUTHORITY (V^TH ADDITIONAL DISTRICT JUDGE),KOZHIKODE

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REVISION PETITIONER:

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MANAYOLI VELAYUDHAN AGED 72 YEARS S/O.KARI, AGED 72, HOTEL STAR, OPP.RAMANATTUKARA SERVICE CO-OPERATIVE BANK, RAMANATTUKARA, VELIPRAM, KOZHIKODE, PIN-673633.

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BY ADVS. SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.SABU GEORGE SRI.P.B.SUBRAMANYAN

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RESPONDENT:

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POYITHODI IMBICHIBEEVI AGED 75 YEARS D/O.KUNHAMMEDKUTTY @ BAVA, AGED 75, CHELAKKOT HOUSE, FAROOK COLLEGE POST, KOZHIKODE, PIN-673632. BY ADVS. SRI.K.B.SIVARAMAKRISHNAN SRI.K.M.FIROZ SMT.M.SHAJNA

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THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 08.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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R.C.REV.NO. 195 OF 2018

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O R D E R

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Anil K. Narendran, J

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The petitioner, who is the respondent-tenant in R.C.P.No.61 of 2013 on the file of the Rent Control Court (Principal MunsiffII), Kozhikode and the appellant in R.C.A No.91 of 2016 on the file of the Rent Control Appellate Authority (V^th Additional District Judge), Kozhikode, has filed this Rent Control Revision under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, challenging the judgment dated 23.03.2018 in R.C.A.No.91 of 2016 of the Appellate Authority and order dated 30.01.2016 in R.C.P.No.61 of 2013 of the Rent Control Court.

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On 11.06.2018, when this Rent Control Revision

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came up for admission, this Court issued notice to the respondents. In I.A.No.1324 of 2018, this Court granted an interim order of stay of all proceedings in execution of the order of eviction in R.C.P.No.61 of 2013 on the file of the Rent Controller (Principal Munsiff-II), Kozhikode as affirmed in

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R.C.REV.NO. 195 OF 2018

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R.C.A.No.91 of 2016 on the file of the Rent Control Appellate Authority (V Additional District Judge), Kozhikode, for a period of one month. The said interim order was extended until further orders on 10.08.2018.

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The petitioner has filed I.A.No.1 of 2021 seeking permission to withdraw this Rent Control Revision without prejudice to his right to claim rehabilitation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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Heard the learned counsel for the petitioner-tenant and also the learned counsel for the respondent-landlord.

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In paragraph 3 of the affidavit filed in support of that

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interlocutory application, it is stated that, the petition scheduled shop room is on the side of Kozhikode-Ramanattukara Highway. As part of the expansion of the National Highway, substantial portion of the petition schedule shop room has been demolished by the authorities in the month of June 2021 and what remains is only a miniscule portion. Therefore, the

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R.C.REV.NO. 195 OF 2018

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petitioner do not want to prosecute this Revision further and seeks permission to dismiss the same as withdrawn, without prejudice to his right to claim rehabilitation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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Having considered the averments in the affidavit

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filed in support of I.A.No.1 of 2021, and also the submission made by the learned counsel on both sides, this Rent Control Revision is dismissed as withdrawn, without prejudice to the aforesaid right of the petitioner.

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In view of this order, I.A. No.1 of 2021 is closed.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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Sd/P.G. AJITHKUMAR JUDGE

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Manayoli Velayudhan v. Poyilthodi Imbichibeevi

Case brief

What is this about?

What the court decided

Manayoli Velayudhan v. Poyilthodi Imbichibeevi

Case brief

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