Disposed

T.K.Muhammed Ali v. Abdul Jaleel K.M.

Kerala HC6 Dec 2021RCRev./195/2020

Case brief

AI extract

What is this about?

Landlord filed under Section 12(2)(b) for eviction and arrears. Tenants vacated premises. Rent arrears suit pending. Court disposed of revision recording facts of vacated premises and pendency of civil suit for arrears.

What did the court decide?

Rent Control Revision disposed of by recording fact that tenants have already vacated the tenanted premises and that civil suit O.S.No.85 of 2021 for arrears is pending.

T.K.Muhammed Ali Vs Abdul Jaleel K.M. — Partition | 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

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MONDAY, THE 6^TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943

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R.C.REV.NO.195 OF 2020

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AGAINST THE JUDGMENT DATED 08.09.2020 IN R.C.A.NO.39 OF 2020 OF THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE-II), KOZHIKODE AND AGAINST THE ORDER DATED 03.02.2020 IN I.A.NO.4428 OF 2019 IN R.C.P.NO.57 OF 2019 OF THE RENT CONTROL COURT (PRINCIPAL MUNSIFF),KOZHIKODE

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REVISION PETITIONER:

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T.K.MUHAMMED ALI,

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AGED 67 YEARS,S/O. LATE V.T.KUNHI AHAMMED HAJI, ERAMANGALAM AMSOM, PERUMUTTISSERY DESOM, RESIDING AT NISHAS VILLA, PONNANI TALUK, P.O.ERAMANGALAM, MALAPPURAM DISTRICT-679 587.

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BY ADV SRI.G.SREEKUMAR (CHELUR)

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RESPONDENTS:

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1 ABDUL JALEEL K.M., AGED 57, S/O. AHAMMED K.P., MALABAR IN BUILDING NO17/1069-A, OPPOSITE HOTEL MAHARANI, TALUK ROAD, KASABA AMSOM, KARIAKUNNU DESOM, KOZHIKODE, RESIDING AT SHUKOOR MANZIL, NORTH KOVVAL, THRIKARIPUR,KASARGODE DISTRICT-671 312.

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2 ABDULLA S.V. AGED 35 YEARS, S/O. HAMZA.A.C., MALABAR IN BUILDING NO.17/1069-A, RESIDING AT CRESANT VILLA, PADANNA P.O., KASARGOD DISTRCT-671 312. BY ADV SRI.N.S.MOHAMMED USMAN

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THIS RENT CONTROL REVISION HAVING COME UP FOR FINAL HEARING ON 06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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R.C.Rev.No.195 of 2020

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O R D E R

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Anil K. Narendran, J.

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The petitioner-landlord has filed R.C.P.No.57 of 2019 before the Rent Control Court (Principal Munsiff-II), Kozhikode under Section 12(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking an order to evict the respondents herein-tenants from the petition schedule building. He filed I.A.No.4428 of 2019 under Section 12 of the Act, seeking for a direction to the tenants to deposit the admitted arrears of rent. That I.A. was allowed by the order dated 03.02.2020, but the contention of the landlord that the monthly rent is Rs.6,00,000/- was not accepted. Feeling aggrieved, the landlord filed R.C.A.No.39 of 2020 before the Rent Control Appellate Authority (Additional District Judge-II), Kozhikode. That was allowed in part by the judgment dated 08.09.2020 of the Appellate Authority. Feeling aggrieved, the landlord filed this Rent Control Revision, invoking the provisions under Section 20 of the Act.

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R.C.Rev.No.195 of 2020

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On 27.11.2020 when this Rent Control Revision came up for admission, this Court issued notice on admission to the respondents.

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On 24.09.2021, the learned counsel for the petitioner-landlord submitted that the respondents-tenants have agreed to give vacant possession of the petition schedule building and to hand over key on 01.10.2021. The learned counsel for the respondents-tenants sought time to get instructions.

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Today, when the case is taken up for consideration, the learned counsel for the petitioner-landlord would submit that the tenants had already given vacant possession of the petition schedule building. Insofar as payment of arrears of rent is concerned, a civil suit is pending consideration as O.S.No.85 of 2021 before the Additional Sub Court-III, Kozhikode.

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The learned counsel for the respondents would submit that the tenants have already vacated the building. In O.S.No.85 of 2021, they have raised appropriate contentions.

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R.C.Rev.No.195 of 2020

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In such circumstances, this Rent Control Revision is disposed of recording the fact that the tenants have already vacated the tenanted premises, and that O.S.No.85 of 2021 filed by the landlord demanding arrears of rent is pending

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consideration before the Additional Sub Court-III, Kozhikode.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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dkr

T.K.Muhammed Ali v. Abdul Jaleel K.M.

Case brief

What is this about?

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T.K.Muhammed Ali v. Abdul Jaleel K.M.

Case brief

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