Tenant's revision against eviction on the ground of landlord's personal necessity, upheld by the Rent Control Appellate Authority. Finding no illegality or perversity, the court permitted withdrawal with conditions: vacate by a fixed date, pay rent and arrears, file undertaking, with eviction kept in abeyance meanwhile.
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 AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 1ST DAY OF JULY 2024 / 10TH ASHADHA, 1946
RCREV. NO. 121 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 07.03.2024 IN RCA NO.13 OF 2023
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III, ALAPPUZHA /
III ADDITIONAL MACT, ALAPPUZHA ARISING OUT OF THE ORDER/JUDGMENT
IN RCP NO.17 OF 2019 OF PRINCIPAL MUNSIFF COURT, CHERTHALA
REVISION PETITIONER(S)/APPELLANT/RESPONDENT:
K S SOMAN
AGED 72 YEARS
S/O KUTTAPPAN, KALATHIL VEEDU,
NEAR GOVERNMENT HIGHER SECONDARY SCHOOL,
KANNANKARA.P.O., THANNEERMUKKOM NORTH VILLAGE,
CHERTHALA, ALAPPUZHA, PIN - 688527
BY ADV ARAVIND GHOSH
RESPONDENT(S)/RESPONDENT/PETITIONER:
MOHAN BABU
AGED 67 YEARS
S/O SANKARA DAS, MOHANALAYAM, THANNEERMUKKOM.P.O.,
THANNEERMUKKOM MURI, THANNEERMUKKOM NORTH VILLAGE,
CHERTHALA, ALAPPUZHA, PIN - 688527
BY ADV VISHNURAJ
SRI. VISHNU RAJ SUGATHAN FOR RESPONDENT
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
01.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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RCREV. NO. 121 OF 2024
JUDGMENT
Amit Rawal, J.
I) Tenant will vacate the premises on or before 03.02.2025 a nd continue to pay the rent till the vacation of the premises and shall also clear all the arrears, if any within a period of one month from the date of receipt of a certified copy of the judgment.
II) Tenant is directed to file an undertaking to this
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RCREV. NO. 121 OF 2024
effect before the Rent Controller within a period of one month from today.
III) Till such time, the order of eviction is ordered to be kept in abeyance.
In case of any default of the aforementioned conditions or two subsequent defaults in paying the rent, respondent-landlord shall be entitled to seek the eviction in accordance with law.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S. JUDGE
nak
1 issue framed by the court
Whether the appellate order upholding eviction of the tenant on ground of personal necessity suffered from illegality or perversity.
K S Soman
Mohan Babu
Amit Rawal
Easwaran S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court