Tenant's rent control revision against upholding eviction of landlords on ground of personal necessity was permitted to be withdrawn; tenant granted six months to vacate, directed to pay market rent and arrears and file an undertaking, with eviction order kept in abeyance subject to those conditions.
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 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946
RCREV. NO. 82 OF 2024
AGAINST THE JUDGMENT DATED 04.01.2024 IN RCA NO.33 OF 2017 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - III, THALASSERY
ARISING OUT OF THE ORDER DATED 12.01.2017 IN RCP NO.94 OF 2015 OF
ADDITIONAL MUNSIFF COURT, KANNUR
REVISION PETITIONER(S)/APPELLANT/RESPONDNET NO.1:
BALAKRISHNAN
AGED 59 YEARS
S/O.KUNHAPPA, SODA MAKER, TPW-11-473,
BEHIND YOGASALA, KANNUR, PIN – 670001
BY ADV
P.U.SHAILAJAN
RESPONDENT(S)/RESPONDENTS/PETITIONERS & RESPONDENT NO.2:
1 PALLIKKALAKATH KOOLOTH MARIYUMMAKUTTY W/O.IBRAHIM KUNHI, RESIDING AT 'FAIZAS", NEAR AGRICULTURE OFFICE, SOUTH BAZAR, KANNUR., PIN – 6700022 UMMUL FAYISA D/O.IBRAHIM KUNHI, RESIDING AT 'FAIZAS", NEAR AGRICULTURE OFFICE, SOUTH BAZAR, KANNUR, PIN – 6700023 MOHAMMED IQBAL S/O.IBRAHIM KUNHI, RESIDING AT 'FIDHA", KANNOTHUMCHAL, P.O.CHOVVA, KANNUR-, PIN - 6700064 MOHAMMED RAFEEQUE S/O.IBRAHIM KUNHI, RESIDING AT 'FAIZAS", NEAR AGRICULTURE OFFICE, SOUTH BAZAR, KANNUR-, PIN – 6700025 P.K.UMMUL FAZILA, D/O.IBRAHIM KUNHI, RESIDING AT 'FAIZAS", NEAR AGRICULTURE OFFICE, SOUTH BAZAR, KANNUR-670002, THROUGH POWER OF ATTORNEY HOLDER, MOHAMMED IQBAL, S/O.IBRAHIMRCREV. NO. 82 OF 2024 -2-
KUNHI, RESIDING AT 'FIDHA', KANNOTHUMCHAL,
P.O.CHOVVA, KANNUR, PIN - 670006
6P.K.UMMUL FARISHA
D/O.IBRAHIM KUNHI, RESIDING AT 'FAIZAS", NEAR
AGRICULTURE OFFICE, SOUTH BAZAR, KANNUR, PIN –
670002
7P.K.UMMUL FATHIMA
D/O.IBRAHIM KUNHI, RESIDING AT 'FAIZAS", NEAR
AGRICULTURE OFFICE, SOUTH BAZAR, KANNUR, PIN -
670002
BY ADVS.
M.K.SUMOD
VIDYA M.K.(K/910/1990)
THUSHARA.K(K/1443/2020)
NAMITHA GEORGE(K/3227/2023)
THIS RENT CONTROL REVISION HAVING BEEN FINALLY
HEARD ON 08.07.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
RCREV. NO. 82 OF 2024 -3-
ORDER
Amit Rawal, J.
I) Tenant will vacate the premises within six months from today and continue to pay the market rent of Rs.400/- (Rupees Four hundred only) till the vacation of the premises and shall
RCREV. NO. 82 OF 2024 -4-
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 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, respondents-landlords shall be entitled to seek the eviction in accordance with law.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
vv
1 issue framed by the court
Should the revision petition be permitted to be withdrawn with a reasonable time for the tenant to vacate the premises?
Balakrishnan
Pallikkalakath Kooloth Mariyummakutty
Ummul Fayisa
Mohammed Iqbal
Mohammed Rafeeque
P.K. Ummul Fazila
Amit Rawal
Easwaran S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court