Kerala High Court
Reena vs Mahamood Yousuf on 2 July, 2021
RCRev. No.60/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
IA 3/2021 IN RCREV. NO. 60 OF 2021
RCP 4/2016 OF RENT CONTROL COURT, KALPETTA, WAYANAD
RCA 17/2019 of RENT CONTROL APPELLATE AUTHORITY, KALPETTA
PETITIONER/ PETITIONER:
REENA, AGED 52 YEARS W/O.T.M.RAGUNATHAN, NEAR REST HOUSE ,KALPETTA
NORTH POST, KALPETTA VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT,
PIN-673 122
RESPONDENT/ RESPONDENT:
THEKKAYIL MAHAMOOD YOUSUF, AGED 56 YEARS, S/O.YOOSAF, THEKKAYIL
HOUSE, CHERUVANCHERY POST AND VILLAGE, THALASSERY TALUK, KANNUR
DISTRICT, PIN-670 101
Application praying that in the circumstances stated in the affidavit
filed therewith the High Court be pleased to pass an order to extend 2 days
time for filing affidavit in RCP No. 4 of 2016 of the Rent Control Court,
Kalpatta, as per Judgement dated 22-03-2021 in the above RCR.
This Application coming on for orders upon perusing the application and
the affidavit filed in support thereof and this court's order dated
22-03-2021 in RCR, and upon hearing the arguments of M/S P.C.CHACKO, ASHA
P.KURIAKOSE & REJITHA RAJAN, Advocates for the petitioners and of
Sri.ALEX.M.SCARIA Advocates for the respondent, the court passed the
following:
RCRev. No.60/2021 2/4
K.VINOD CHANDRAN & ZIYAD RAHMAN A.A., JJ.
-----------------------------------------------------------
I.A. No.3 of 2021
in
R.C.R. No. 60 of 2021
-------------------------------------------------
Dated this the 2nd day of July, 2021
ORDER
Ziyad Rahman A.A., J.
This application is submitted by the
petitioner/revision petitioner seeking enlargement
of time fixed by this Court in filing an affidavit
of undertaking before the Rent Control Court. In
the order dated 22.03.2021, while dismissing the
revision petition filed by the petitioner, this
Court granted six months' time to the petitioner
to vacate the premises subject to the condition
that she shall file an affidavit before the Rent
Control Court unconditionally undertaking to
vacate the premises within six months from the
RCRev. No.60/2021 3/4
I.A.No.3 of 2021
date of the order. The affidavit was directed to
be filed within 15 days from the date of the
order.
2. The learned counsel for the petitioner
submits that, as the petitioner was under the
impression that the period of submitting of
affidavit starts from the date of receipt of copy
of the order, there occurred some delay in filing
the affidavit. He points out that, the affidavit
was filed on 8.4.2021, whereas going by the time
stipulated by this Court in the judgment, it
should have been filed on or before 6.4.2021.
Hence, there is a delay of 2 days and he prays
for condoning the delay.
3. Considering the averments made in the
affidavit, we are satisfied that the delay in
filing the affidavit can be condoned and it is
RCRev. No.60/2021 4/4
I.A.No.3 of 2021
ordered accordingly. The affidavit submitted by
the petitioner before the Rent Control Court on
8.4.2021 shall be treated as proper compliance of
the condition imposed by this Court in the order
dated 22.3.2021 passed in the Rent Control
Revision.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
pkk
02-07-2021 /True Copy/ Assistant Registrar
