Kerala High Court
Dr.Paul K. Chandy vs K.V.Shiraz on 5 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 5TH DAY OF NOVEMBER 2021/14TH KARTHIKA, 1943
OP (RC) NO. 63 OF 2019
AGAINST THE ORDER DATED 07.12.2018 IN I.A.NO.1494 OF 2018
IN R.C.A.NO.21 OF 2015 OF THE ADDITIONAL RENT CONTROL
APPELLATE AUTHORITY-II (DISTRICT COURT), KOTTAYAM
PETITIONERS:
1 DR.PAUL K. CHANDY, AGED 56 YEARS
S/O.ITTYIYERAH, MATTETHRA HOUSE, BAKER ROAD,
PANAYAKAZHIPPU, KOTTAYAM PO 686001.
2 DR.ITTYIYERAH P CHANDY, AGED 23 YEARS
D/O.DR.PAUL K CHANDY, MATTETHRA HOUSE, BAKER
ROAD, PANAYAKAZHIPPU, KOTTAYAM PO 686001.
BY ADVS.
K.J.SAJI ISAAC
DR.ELIZABETH VARKEY
SRI.AJEESH EMMANUEL
SRI.JITHIN SAJI ISAAC
RESPONDENT:
K.V.SHIRAZ, AGED 40 YEARS
S/O.HAMSOO, NOORJAHAN, SHENOY ROAD, KALOOR,
ERNAKULAM 682017.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
OP (RC) NO. 63 OF 2019
JUDGMENT
Anil K. Narendran, J.
The petitioners have filed this original petition under
Article 227 of the Constitution of India, seeking an order to set
aside Ext.P3 order dated 07.12.2018 in I.A.No.1494 of 2018 in
R.C.A.No.21 of 2015 passed by the Additional Rent Control
Appellate Authority-II (District Court), Kottayam.
2. The petitioners-landlords filed R.C.P.No.17 of 2012
before the Principal Rent Control Court, Kottayam, seeking
eviction of the respondent-tenant from the petition schedule
building under Sections 11(2)(b) and 11(3) of the Kerala
Buildings (Lease and Rent Control) Act, 1965. The Rent Control
Court allowed R.C.P.No.17 of 2012 by the order dated
27.02.2015 and granted eviction of the respondent-tenant
under Sections 11(2)(b) and 11(3) of the Act. Challenging the
order of eviction, the tenant filed R.C.A.No.21 of 2015 before
the Additional Rent Control Appellate Authority-II, Kottayam,
under Section 18(1)(b) of the Act, which was dismissed by the
judgment dated 19.06.2018 of the Appellate Authority.
Thereafter, the tenant filed I.A.No.1494 of 2018 seeking review
of the judgment dated 19.06.2018 in R.C.A.No.21 of 2015. By
Ext.P3 order dated 07.12.2018, the Appellate Authority
OP (RC) NO. 63 OF 2019
reviewed the judgment dated 19.06.2018 only to the extent
that the rider under Section 11(9) was applicable to eviction on
the ground of Section 11(3), since the Rent Control Petition
was initiated during the currency of the lease agreement.
Aggrieved by the said order dated 07.12.2018, the petitioners-
landlords are before this Court in this original petition, invoking
the supervisory jurisdiction of this Court under Article 227 of
the Constitution of India.
3. On 22.10.2021, when this original petition came up
for admission, the learned counsel for the petitioners sought
adjournment.
4. Today, when the matter is taken up for
consideration, after arguing for sometime, the learned counsel
for the petitioners seeks permission to withdraw this original
petition.
Recording the above submission made by the learned
counsel for the petitioners, this original petition is dismissed as
withdrawn.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/6/11
