The Kerala High Court dismissed a revision petition challenging a Rent Control Order directing eviction for non-payment of rent arrears, noting the tenant had exhausted all opportunities to pay.
Revision petition dismissed due to lack of merits and failure to pay rent arrears.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY,THE 14TH DAY OF DECEMBER 2022/23RD AGRAHAYANA, 1944
R.C.REV.NO.208 OF 2022
REVISION AGAINST THE ORDER DATED 04.07.2022 IN RCA NO.64 OF
2021 OF RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL
DISTRICT COURT- V), KOZHIKODE FILED AGAINST THE ORDER DATED
13.10.2021 IN RCP NO.10 OF 2020 OF RENT CONTROL
COURT(PRINCIPAL MUNSIFF-I), KOZHIKODE
REVISION PETITIONER/APPELLANT/RESPONDENT:
MEHARAB BACHAN
AGED 40 YEARS,S/O. KUNHAMMED,"SHELTER",THIKKODY,
PURAKKAD P.O, KOZHIKODE., PIN – 673522
BY ADVS.
T.D.SUSMITH KUMAR
T.O.DEEPA
C.SIVADAS
RESPONDENT/RESPONDENT/PETITIONER:
B VIJAYALAKSHMI
AGED 71 YEARS,W/O.LATE DR.R.GOVINDAN NAIR,
12-B, SKYLINE TOWN SQUARE, ERAIYIL KADAV ROAD,
NEAR MALAYALA MANORAMA, KOTTAYAM, PIN – 676 001
(CAVEATOR)
BY ADV E.NARAYANAN
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 14.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RCR No.208 of 2022
2
A. MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
=========================== R.C.R.No.208 of 2022
============================ Dated this the 14th day of December, 2022
O R D E R
A.Muhamed Mustaque, J.
The tenant before us is challenging the order directing to put the land in possession consequent to default in payment of rent. On 26.07.2021, the Rent Controller directed the tenant to pay rent arrears from 14.04.2019 till 30.06.2021. The rent payable is Rs.14,000/- per month. No payment was effected. Thereafter, the landlord filed an application under Section 12 (3) of the Rent Control Act to pass final orders to put the landlord in possession. It was allowed on 13.10.2021. Aggrieved by that order, the tenant preferred an appeal before the Rent Control Appellate Authority. The appeal was dismissed vide order dated 04.07.2022. Challenging the order, the revision petitioner has come up before this Court.
RCR No.208 of 2022
3
The revision is therefore, without any merits. Hence, dismissed.
Sd/-
A. MUHAMED MUSTAQUE JUDGE
Sd/SHOBA ANNAMMA EAPEN JUDGE
nk
1 issue framed by the court
Whether the revision petition filed by the tenant challenging the eviction order due to non-payment of rent had any merits.
1 provisions across 1 enactments
MEHARAB BACHAN
B VIJAYALAKSHMI
A. MUHAMED MUSTAQUE
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court