For Information Purpose Only vs By Adv
2021 Latest Caselaw 10695 Ker

RSA 1108/2018                                  1/4



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             Present:
                   THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

                    Tuesday,the 30th day of March 2021/9th Chaithra, 1943
                              I.A.1/2020 in RSA No.1108/2018

           For information    purpose only
Against AS No.202/2016 of the ADDITIONAL DISTRICT COURT-I, KOZHIKODE
Against OS No.611/2014 of the
                     ADDITIONAL MUNSIFF COURT-I,KOZHIKODE
APPELLANT
       AAYISA ANEES,,AGED 27 YEARS
       W/O ANEES, RESIDING AT PUTHENPURAYIL, 33/706A, PUTHENPURAYIL
       VEEDU, MERIKUNNU, CHEVAYUR AMSOM AND DESOM, KOZHIKODE
       TALUK, REPRESENTED BY POWER OF ATTORNEY HOLDER K.A.IQUBAL,
       AGED 52 YEARS, S/O AHAMMED HAJI, KACHERI AMSOM AND DESOM OF
       KOZHIKODE TALUK.

       BY ADV
       V.V.SURENDRAN
       SRI.P.A.HARISH
RESPONDENT
       K. VINOD
       AGED 44 YEARS, S/O KUNCHU, RESIDING AT KIZHAKAYIL VEEDU, P.K.P.
       ROAD, KACHERI AMSOM AND DESOM, KOZHIKODE, POST NADAKKAVU,
       KOZHIKODE - 673 011.

       BY ADV
       SRI.E.NARAYANAN

         This Regular Second Appeal having come up for orders upon perusing the order the
court on the same day passed the following
                      N. ANIL KUMAR, J.
             -------------------------------------------
                        I.A.No.1 of 2020
                                 in
                   R.S.A.No.1108 of 2018
     For information purpose only
            ---------------------------------------------
          Dated this the 30th day of March, 2021

                            ORDER

This is an application filed seeking a direction to the

respondent to pay a sum of Rs.1,37,250/- being the

arrears of licence fee from 04.02.2018 to 04.07.2020 and

to pay the licence fee at the rate Rs.3,750/- per month,

pending disposal of the appeal.

2. This RSA is filed against the judgment of the

first Appellate Court dismissing the suit for mandatory

injunction and arrears of licence fee. The first Appellate

Court dismissed the suit holding that the defendant is a

tenant entiled for protection of Act 2 of 1965.

3. The plaintiff alleges that the licence fee

payable by the respondent is Rs.3,750/- per month. The

defendant alleges that the rent payable to the landlord is

Rs.3,750/- per month. In view of the contention, I.A.No.1/2020 in RSA1108/ 2018

..2..

practically the quantum of amount is admitted.

      4.ForIn information        purpose
               the light of the above       only
                                      circumstances,   the

respondent is directed to pay a sum of Rs.1,37,250/-

(Rupees One Lakh Thirty Seven Thousand Two Hundred

and Fifty only) being the arrears of licence fee from

04.02.2018 to 04.07.2020 and to continue to pay the

licence fee at the rate of Rs.3,750/- per month, pending

disposal of the appeal, without any fail. The I.A. is

allowed accordingly.

5. The learned counsel for the respondent seeks

three months time to pay the arrears of rent, in view of

the Covid-19 pandemic prevailing in the country. Having

taken into consideration the submission made, it is just

and proper to grant reasonable time to pay the arrears of

rent claimed in the petition. The respondent is directed

to pay 50% of the amount, as evidenced by records,

within a period of one month from the date of this order I.A.No.1/2020 in RSA1108/ 2018

..3..

and the balance 50% within a period of two months

For information purpose only thereafter.

Post after summer vacation.

Sd/-

N. ANIL KUMAR, JUDGE kkj

/true copy/ Sd/- ASSISTANT REGISTRAR