Kerala High Court
C.V. Francis vs Jameela Sali on 7 June, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
RCREV. NO. 283 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 25.11.2021 IN RCA NO.14 OF 2019
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI, KOLLAM/V
ADDL.MACT ARISING OUT OF THE ORDER/JUDGMENT DATED 27.02.2019 IN
RCOP NO.11 OF 2017 OF PRINCIPAL MUNSIFF COURT , KOLLAM
REVISION PETITIONER(S)/APPELLANTS/COUNTER PETITIONERS:
1 C.V. FRANCIS
AGED 64 YEARS,
S/O C.V. VARAPPAN,
RESIDING AT WARD NO. II,
MARATHIKKARA VILLAGE,
PUTHOOR PANCHAYAT,
THRISSUR TALUK., PIN - 680014
2 C.V. JOHNSON
AGED 58 YEARS,
S/O C.V. VARAPPAN,
FROM WARD NO. II,
MARATHIKKARA VILLAGE,
PUTHOOR PANCHAYAT, THRISSUR TALUK,
NOW RESIDING AT NRA-128A, CUTCHERY P.O.,
CUTCHERY WARD, KOLLAM WEST VILLAGE,
KOLLAM TALUK., PIN - 691013
3 C.V. ANTO
AGED 55 YEARS
S/O C.V. VARAPPAN,
FROM WARD NO. II,
MARATHIKKARA VILLAGE,
PUTHOOR PANCHAYAT,
THRISSUR TALUK,
NOW RESIDING AT MRA-16A,
VELLAYITTAMBALAM,
KOLLAM WEST VILLAGE,
KOLLAM TALUK., PIN - 691003
BY ADV K.G.BINDU
RCREV. NO. 283 OF 2023
2
RESPONDENT(S)/RESPONDENT/PETITIONER:
JAMEELA SALI
AGED 69 YEARS,
W/O MUHAMMED SALI,
RESIDING AT LEPERI HOUSE,
AALISSERIYIL WARD,
NEAR COLLECTRATE, ALAPPUZHA WEST VILLAGE,
ALAPPUZHA DISTRICT, PIN - 688012
BY ADV G.HARIKUMAR (GOPINATHAN NAIR)
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RCREV. NO. 283 OF 2023
3
ORDER
Amit Rawal, J.
1. Learned counsel for the petitioners does not press the petition on merits realising that the court is not inclined to allow the Revision and prays for the withdrawal of the petition with alternative prayer for granting six months' time to vacate the premises.
2. Learned counsel for the respondent-landlady, who is present in Court submitted that petition is of 2014 and therefore, time cannot be granted, at the best four months' can be granted.
3. We have heard the learned counsel for the parties and appraised the paper book. Since the petitioners have agreed to withdrawn the petition and the scheduled building is a commercial one and considering the nature of the business being undertaken, we grant six (6) months' time to vacate the premises with the following conditions:
I. The arrears of rent, if any, shall be cleared within a period of one month.
RCREV. NO. 283 OF 2023 4 II. Petitioners-tenants shall pay the market rent of Rs.5000/- (Rupees five thousand only) from 01.06.2024 till 06.12.2024.
III. Petitioners-tenants shall file an undertaking within a period of one month containing the aforementioned conditions and vacation of the premises on before 06.12.2024.
IV. In the case of any default in the conditions aforementioned vis-a-vis payment of the enhanced rent for two months or non filing of the undertaking or non payment of the arrears of rent, respondent-landlady shall be entitled to seek ejectment/possession in accordance with law.
Sd/-
AMIT RAWAL JUDGE Sd/-
EASWARAN S. JUDGE nak RCREV. NO. 283 OF 2023 5 APPENDIX OF RCREV. 283/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE CORONARY ANGIOGRAPHY REPORT DATED 30/04/2020 ISSUED FROM BISHOP BENZIGER HOSPITAL, KOLLAM Annexure A2 TRUE COPY OF DISCHARGED ON 05/05/2020 FROM THE HOSPITAL AND THE DISCHARGE SUMMARY DATED 05/05/2020 ISSUED FROM THE DEPARTMENT OF CARDIOLOGY Annexure A3 TRUE COPY OF THE TREATMENT FOR FEVER AND COUGH AND FOR OTHER AILMENTS. DISCHARGE SUMMARY DATED 08/10/2020 Annexure A4 TRUE COPY OF THE DENGUE FEVER, CORONARY ARTERY DISEASE AND CUTE BRONCHITIES AND UNDERGOING TREATMENT. DISCHARGE SUMMARY DATED 09/07/2022 ISSUED FROM BISHOP BENZIGER HOSPITAL, KOLLAM Annexure A 5 TRUE COPY OF THE PRESCRIPTION DATED 18/09/2023 ISSUED BY DR. JOSEPH CARDOZ, CARDIOLOGIST OF BISHOP BENZIGER HOSPITAL, KOLLAM