Chandroth Vannalakth Ebrahim vs Chandroth Vannalakth Ebrahim
2021 Latest Caselaw 1322 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT

            THE HONOURABLE MR. JUSTICE A.HARIPRASAD

                               &

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

             RP.No.993 OF 2019 IN RCRev.. 151/2015

AGAINST THE JUDGMENT DATED 14-08-2018 IN RCRev. 151/2015 OF
HIGH COURT OF KERALA.

REVIEW PETITIONERS/RESPONDENTS IN RCR     :

      1    CHANDROTH VANNALAKTH EBRAHIM, AGED 72 YEARS,
           S/O. UMMER HAJI, VAHEEDAS, AZHIYOOR P.O, AZHIYOOR
           VILLAGE, VADAKARA TALUK, KOZHIKODE DISTRICT.

      2    CHANDROTH VANNALAKATH ABUBACKER, AGED 77 YEARS,
           S/O. UMMER HAJI, VAHEEDAS, AZHIYOOR P.O, AZHIYOOR
           VILLAGE, VADAKARA TALUK, KOZHIKODE DISTRICT,
           REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
           1ST PETITIONER.

      3    CHANDROTH VANNALAKATH ABDULLA, AGED 75 YEARS,
           S/O. UMMER HAJI, VAHEEDAS, AZHIYOOR P.O, AZHIYOOR
           VILLAGE, VADAKARA TALUK, KOZHIKODE DISTRICT
           REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
           1ST PETITIONER.

      4    KALLAROTH SHAHIDA, AGED 42 YEARS,
           D/O. ABDULA, VAHEEDAS, AZHIYOOR P.O,
           AZHIYOOR VILLAGE, VADAKARA TALUK, KOZHIKODE
           DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY
           HOLDER 1ST PETITIONER.

              BY ADV. SRI.N.C.JOSEPH.

RESPONDENT/REVISION PETITIONER IN RCR     :

           SHAILESH DESAI, AGED 56 YEARS,
           S/O. DHIRAJLAL M DESAI, PROPRIETOR,
           TWINKLE, M.G ROAD, ERNAKULAM, KOCHI - 682 035.

           BY ADV.P.MARTIN JOSE.

     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
13.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Review Petition No.993 of 2019
            in
     R.C.R No.151 of 2015                      2


                    A.HARIPRASAD & P.V.KUNHIKRISHNAN, J J.

                    --------------------------------------
                            Review Petition No.993 of 2019
                                          in
                                 R.C.R No.151 of 2015
                    --------------------------------------
                     Dated this the 13th day of January, 2021


                                      ORDER

A.Hariprasad, J

Heard the learned counsel for petitioners and respondent.

2. This Court, by order dated 14-08-2018, disposed of the above

captioned R.C.R affirming the orders passed by the authorities under the

Kerala Building (Lease and Rent Control) Act, 1965. In the operative

portion of the order, the following observations were made :

" Thus, we confirm the fixation of fair rent @

Rs.23,310/- per month for ground floor and

Rs.17,760/- each per month for the first and second

floor with effect from 19-02-2013 and the periodic Review Petition No.993 of 2019 in

enhancement @ 10% would stand set aside."

3. Learned counsel for the petitioner pointed out that the date

19-02-2013 occurring in the operative portion of the order is a clerical

error or a typographical mistake. Actually, it should have been

19-02-2003. It is evident from the discussion in the order passed by this

Court and also from the orders by the Rent Control Court and the Appellate

Authority. Therefore, we find that this clerical error which has to be

corrected.

In the result, the petition is allowed.

Registry shall issue a corrected copy of order to the parties on

usual terms.

A. HARIPRASAD, JUDGE.

P.V.KUNHIKRISHNAN, JUDGE amk