This Rent Control Revision challenging an appellate authority order was disposed of by the High Court after recording facts that the tenants had surrendered possession and the execution court closed the matter following the landlord obtaining vacant possession.
Rented Control Revision disposed of.
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
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
RCREV. NO.342 OF 2017
AGAINST THE ORDER DATED 05.01.2017 IN I.A.NO.2509 OF 2017 IN
R.C.A.NO.32 OF 2017 AND ORDER DATED 10.08.2017 IN R.C.A.NO.32
OF 2017 OF RENT CONTROL APPELLATE AUTHORITY (VI ADDITIONAL
DISTRICT COURT), ERNAKULAM ARISING OUT OF ORDER DATED
17.02.2017 IN R.C.P.NO.38 OF 2012 OF RENT CONTROL COURT
(ADDITIONAL MUNSIFF COURT), KOCHI
REVISION PETITIONER/S:
1 V.K.SHAJI, AGED 65 YEARS
S/O.LATE KARTHIKEYAN, SHAJI HOTEL, MURIKKUMPADAM,
AZHEEKAL-682510.
2 V.K.BABU, AGED 65 YEARS S/O.LATE KARTHIKEYAN, SHAJI HOTEL, MURIKKUMPADAM, AZHEEKAL-682510.BY ADVS.SRI.P.P.SUBHASH CHANDRAN
SMT.M.KABANI DINESH
SRI.SHAJI THANKAPPAN
RESPONDENT/S:
1 K.K.SATHYABHAMA, W/O.JINA DEVADAS, AGED 76, KUZHIKKALEZHATH,MURIKKUMPADAM, AZHEEKAL P.O., KOCHI682510.2 K.J.JESSY, AGED 40 YEARS W/O.V.R.PRAKASAN, RESIDING AT TINTU VILLA, CHAMPAKKARA, MARADU-682304.3 RAMANAN P.S., S/O.PADMANABHAN, AGED ABOUT 55 YEARS, MURIYAKAT HOUSE, NEAR AGRICULTURAL UNIVERSITY SOUTH, PUTHUVYPPU, PIN-682508.2
RCREV. NO. 342 OF 2017
4 JOBY CHACKO, AGED 50 YEARS KOTTACKAL HOUSE, NEAR EAST APPANGAD, BRIDGE NJARACKAL, PIN-682508.BY ADVS.
SRI.K.SUNIL
SRI.V.S.ANU MON
SMT.A.S.CHINJU DUTH
SMT.DHANUJA VETTATHU
SRI.T.N.SURESH
SRI.M.S.UNNIKRISHNAN
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
RCREV. NO. 342 OF 2017
ORDER
Anil K. Narendran, J.
The petitioners, who are the respondents 1 and 2-tenants in R.C.P.No.38 of 2012 on the file of the Rent Control Court (Additional Munsiff), Kochi, have filed this Rent Control Revision under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, challenging the order dated 10.08.2017 in R.C.A.No.32 of 2017.
4
RCREV. NO. 342 OF 2017
Recording the fact that the landlord has already obtained vacant possession of the petition schedule shop room in R.C.P.No.38 of 2012, this Rent Control Revision is disposed of.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
bkn/-
1 issue framed by the court
Whether the Rent Control Revision should be allowed sufficiently after the tenants surrendered possession and the execution proceedings were closed.
1 provisions across 1 enactments
V.K.SHAJI
V.K.BABU
K.K.SATHYABHAMA
K.J.JESSY
RAMANAN P.S.
JOBY CHACKO
ANIL K.NARENDRAN
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court