The High Court dismissed a rent control revision filed by a tenant challenging an eviction order and appellate judgment, because the parties settled the dispute out of court and agreed to execute a fresh lease deed.
The rent control revision petition is disposed of on the basis of the settlement reached 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 MONDAY, THE 20TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA,
1943
RCREV. NO. 24 OF 2021
AGAINST THE JUDGMENT IN R.C.A NO.46 OF 2018 OF ADDITIONAL DISTRICT JUDGE & RENT CONTROL APPELLATE AUTHORITY, TIRUR DATED 20.12.2019 IN R.C.P NO.71 OF 2015 OF THE RENT CONTROL (MUNSIFF) COURT, TIRUR DATED 31.03.2018 REVISION PETITIONERS/APPELLANTS/RESPONDENTS:
MECHERY ABOOBACKER SIDHEEK AGED 56 YEARS S/O.HAMZA, MECHERY HOUSE, POOKAYIL P.O., TIRUR AMSOM, DESOM, TIRUR TALUK, MALAPPURAM. KERALA - 676 107 BY ADVS. SANDEEP GOPALAKRISHNAN SMT.JINNU SARA GEORGE Shri. ZAFAR ANTONIO SMT.ANJU DAVIS K.
RESPONDENT/RESPONDENT/PETITIONER:
1 MARZOOK AGED 40 YEARS S/O.MANNIL KUNHALAN HAJI, OMACHAPUZHA AMSOM, PERINCHERI DESOM, TIRUR TALUK, MALAPPURAM, KERALA - 676 106
2 JASIM AGED 37 YEARS, S/O.MANNIL KUNHALAN HAJI, OMACHAPUZHA AMSOM, PERINCHERI DESOM, TIRUR TALUK, MALAPPURAM, KERALA 676 106 3 JAMEELA AGED 49 YEARS, D/O.MANNIL KUNHALAN HAJI, OMACHAPUZHA AMSOM, PERINCHERI DESOM, TIRUR TALUK, MALAPPURAM, KERALA 676 106
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R.C.R No.24 of 2021
AGED 48 YEARS, D/O.MANNIL KUNHALAN HAJI, OMACHAPUZHA AMSOM, PERINCHERI DESOM, TIRUR TALUK, MALAPPURAM, KERALA 676 106
AGED 44 YEARS, D/O.MANNIL KUNHALAN HAJI, OMACHAPUZHA AMSOM, PERINCHERI DESOM, TIRUR TALUK, MALAPPURAM, KERALA 676 106
AGED 38 YEARS, D/O.MANNIL KUNHALAN HAJI, OMACHAPUZHA AMSOM, PERINCHERI DESOM, TIRUR TALUK, MALAPPURAM, KERALA 676 106
AGED 32 YEARS, D/O.MANNIL KUNHALAN HAJI, OMACHAPUZHA AMSOM, PERINCHERI DESOM, TIRUR TALUK, MALAPPURAM, KERALA 676 106
8 KUNHIPATHUMMA AGED 73 YEARS, W/O.MANNIL KUNHALAN HAJI, OMACHAPUZHA AMSOM, PERINCHERI DESOM, TIRUR TALUK, MALAPPURAM, KERALA 676 106
REP.BY POWER OF ATTORNEY HOLDER, 1ST RESPONDENT, MARZOOK, AGED 40 YEARS, S/O.MANNIL KUNHALAN HAJI, OMACHAPUZHA AMSOM, PERINCHERI DESOM, TIRUR TALUK, MALAPPURAM, KERALA 676 106
BY ADVS. DEEPA NARAYANAN K.SUJAI SATHIAN ASHA MARIAM MATHEWS MARY LIYA SABU
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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R.C.R No.24 of 2021
O R D E R
Anil K. Narendran, J
The petitioner is the respondent-tenant in R.C.P.No.71 of 2015 on the file of the Rent Control Court (Munsiff), Tirur, a petition filed by the respondents herein-landlords under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the tenants from the petition schedule building. The Rent Control Court, by the order dated 31.03.2018 granted an order of eviction under Section 11(3) of the Act and the tenants were directed to give vacant possession of the petition schedule building to the landlord within the time limit stipulated in that order. Feeling aggrieved, the tenant filed R.C.A.No.46 of 2018 before the Rent Control Appellate Authority (Additional District Judge), Tirur, which ended in dismissal by the judgment dated 20.12.2019. Challenging the order dated 31.03.2018 of the Rent Control Court in R.C.P.No.71 of 2015 and also the judgment of the Appellate Authority dated 20.12.2019 in R.C.A No.46 of 2018, the tenant has filed this Rent Control Revision invoking the revisional jurisdiction under Section 20 of the Act.
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R.C.R No.24 of 2021
respondent by speed post.
In such circumstances, recording the aforesaid fact, this Rent Control Revision is disposed of.
Sd/-
ANIL K.NARENDRAN JUDGE
Sd/P.G. AJITHKUMAR JUDGE
PV
3 issues framed by the court
Whether a rent control revision application filed by a tenant against an eviction order should be adjudicated upon when the parties have reached a private settlement.
Whether the High Court should dispose of the revision petition recorded with a compromise between the landlord and tenant.
Whether the parties have executed a fresh lease deed as agreed upon during mediation.
2 provisions across 1 enactments
Mechery Aboobacker Sidheek
Marzook
Jasim
Jameela
Safiya
Naseema
Anil K. Narendran
P. G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
