Kerala High Court
Ithikkat Hyder Ali vs Theruvath Koppara Muhammedali ... on 4 August, 2021
RCRev. No.269/2019 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Wednesday, the 4th day of August 2021 / 13th Sravana, 1943
IA.NO.1/2021 IN RCREV. NO. 269 OF 2019
RCA 23/2014 OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR.
RCP 141/2011 OF RENT CONTROL COURT, CHAVAKKAD.
REVISION PETITIONER/ PETITIONER:
ITHIKKAT HYDER ALI, AGED 50 YEARS, S/O.MULLATHARA KUNJUMUHAMMED,
MANATHALA AMSOM DESOM, CHAVAKKAD TALUK, THRISSUR-680 506.
RESPONDENT/ RESPONDENT:
THERUVATH KOPPARA MUHAMMEDALI HAJI, AGED 68 YEARS, S/O.ABDUL KHADER,
MANATHALA AMSOM DESOM, CHAVAKKAD TALUK, THRISSUR-680 506.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to enlarge
the time provided in the above judgement, by a further period of
6 months from the date on which the period originally provided in
the above judgment dated 22.03-2021 expires in the interest of
justice.
This Application coming on for orders upon perusing the
application and the affidavit filed in support thereof, and this
court's judgment dated 22/03/2021 and upon hearing the arguments
of Sri.G.SREEKUMAR (CHELUR), Advocate for the petitioner and of
SRI.P.RAMACHANDRAN Advocate for the respondent, the court passed
the following:
[PTO]
RCRev. No.269/2019 2/3
K.VINOD CHANDRAN & ZIYAD RAHMAN A.A., JJ.
-----------------------------------------------------------
I.A. No.1 of 2021
in
R.C.R. No.269 fo 2019
-------------------------------------------------
Dated this the 4th day of August 2021
ORDER
Ziyad Rahman A.A., J.
This petition is submitted by the Revision Petitioner seeking extension of
time fixed by this Court in the order passed in the Revision Petition, for
vacating the petition schedule building and also to file an affidavit before the
Rent Control Court undertaking to vacate the premises after paying rent
arrears. When the matter came up on 27.07.2021, we passed an order
directing the petitioner to comply with the conditions imposed by this Court in
the order dated 22.3.2021 on or before 2.8.2021. When the matter is taken up
today, the learned counsel for the petitioner submitted that the petitioner
remitted 50% of the rent arrears and as his business is seriously affected due
to the restrictions imposed owing to Covid-19, he requires some more time for
depositing the balance amount.
2. The learned counsel for the landlord seriously opposes the said
prayer.
3. After hearing both sides and also taking into account the present
situation on account of Covid-19 pandemic, we feel that a reasonable time can
RCRev. No.269/2019 3/3
I.A. No. 1 of 2021
be granted for complying with the conditions of payment of rent as well as for
filing an affidavit undertaking to vacate the premises.
In such circumstances, we hereby enlarge the time for vacating the
premises upto 31.10.2021, subject to the condition that, the petitioner shall
deposit the entire arrears of rent on or before 12.08.2021 and an affidavit as
stipulated by this Court in the order dated 22.03.2021 shall also be filed on or
before that date. He is also directed to deposit the entire monthly
compensation payable by him as stipulated in the order passed by this Court
in Revision Petition, for the period till 31.10.2021 in advance, on or before
26.08.2021.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
pkk
04-08-2021 /True Copy/ Assistant Registrar
