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Kerala High Court
Madaswamy vs Athikka on 20 May, 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.
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
RCREV. NO. 103 OF 2024
AGAINST THE JUDGMENT DATED 11.04.2024 IN RCA NO.35 OF 2023 OF
DISTRICT COURT & SESSIONS COURT, ERNAKULAM ARISING OUT OF THE ORDER
DATED 09.10.2023 IN RCP NO.96 OF 2020 OF II ADDITIONAL MUNSIFF
COURT, ERNAKULAM
REVISION PETITIONER/APPELLANT/RESPONDENT :
MADASWAMY
AGED 48 YEARS
S/O. ANNADHURAI, KORIYA KOTTAGE,
KANNANKERRI NAGAR, CHITTETHUKARA,
KAKKANAD VILLAGE, KANAYANNUR TALUK,
PIN - 682037
BY ADVS.
K.R.VINOD
M.S.LETHA
DEVIKA S.
GEORGE ROY
RESPONDENT/RESPONDENT/PETITIONER :
ATHIKKA,
W/O. MEETHIYAN KUNJU, KUNNAPPALLY VEETTIL,
CHITETHUKARAYIL, KAKKANAD VILLAGE,
ERNAKULAM DISTRICT-, PIN - 682037
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.C.R No.103 of 2024 2
AMIT RAWAL & EASWARAN S. , JJ.
-------------------------
R.C.R No.103 of 2024
-----------------------------------
Dated this the 20th day of May 2024
ORDER
AMIT RAWAL, J.
The present Rent Control Revision is directed against the order dated 09.10.2023 of the Rent Controller and dated 11.4.2024 of the appellate authority whereby the eviction sought for by the respondent/landlord on the ground of non payment of the rent was allowed and the appeal preferred by the petitioner/tenant has been dismissed.
2. The respondent/landlord instituted Rent Petition bearing No.96 of 2020, sought the eviction of the petitioner on the grounds of arrears of rent.
3. Since the parties were at variance, the Rent Controller on analysis of the affidavits filed in support of the respective stands, accepted the plea of the respondent/landlord with regard to the fact that the petitioner/tenant had been arrears of rent from R.C.R No.103 of 2024 3 August 2018 to August 2022 at the rate of Rs.30,000/- and vide order dated 31.7.2023 issued the following directions:
"1. The respondent is hereby directed to remit rent in arrears from August, 2018 to August 2022 at the rate of Rs.30,000/- (Rupees Thirty Thousand only) per month within 4 weeks from today.
2. The respondent shall continue to remit the rent which may be subsequently fall due within 15 days from the date of due till the termination of rent control proceedings.
3. The petitioner is also entitled to get costs of the petition from the respondent.
4. For compliance on 01.9.2023."
4. The aforementioned directions were not complied with. When the matter was taken up by the Rent Controller on 9.10.2023, the petitioner/tenant did not appear resulted into an eviction order dated 9.10.2023. The appeal preferred against the same has also been dismissed.
R.C.R No.103 of 2024 4
5. The learned counsel appearing on behalf of petitioner/tenant submitted that some reasonable time may be granted to pay the arrears of rent.
6. We are afraid that once the petitioner/tenant has suffered the ground of eviction, the said act cannot be condoned by making a statement at this stage of the trial as there was no such prayer made either for recalling of the order of the Rent Controller or at the appellate stage. In the absence of any challenge against the order dated 31.7.2023, the orders under challenge are only consequential, therefore we find no illegality and perversity. No ground for interference is made out.
Revision petition is dismissed.
Sd/-
AMIT RAWAL, JUDGE Sd/-
EASWARAN S., JUDGE NS