Kerala High Court
A.Sunil vs Philip Sebastian on 9 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
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
R.C.REV.NO.125 OF 2020
AGAINST THE JUDGMENT DATED 01.02.2020 IN R.C.A NO.14 OF
2019 OF RENT CONTROL APPELLATE AUTHORITY(ADDL.DISTRICT
JUDGE-II), ALAPPUZHA AND
THE ORDER DATED 29.06.2019 IN R.C.P NO.17 OF 2016 OF RENT
CONTROL COURT(MUNSIFF),CHERTHALA
REVISION PETITIONER:
A.SUNIL
AGED 53 YEARS
S/0.P.K. ARAVINDAKSHAN RAJAMANDHIRATHIL HOUSE,
CMC, 16, KOKKOTHAMANGALAM VILLAGE, MARUTHORVATTOM
P.O., CHERTHALA, TALUK, ALAPPUZHA.
BY ADVS.
B.PRAMOD
SMT.NAMITHA JYOTHISH
RESPONDENT:
PHILIP SEBASTIAN
AGED 33 YEARS
S/O. SEBASTIAN, PANICKAPPARAMBIL, VARANAM MURI,
THANNEERMUKKOM NORTH VILLAGE, THANNEERMUKKOM
GRAMA PANCHAYATH, WARD NO. 14, THANNEERMUKKOM
P.O. CHERTHALA.- 688524
BY ADVS.
JOBY CYRIAC
KURIAN K JOSE
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 09.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
R.C.REV.NO.125 OF 2020
ORDER
Anil K. Narendran, J
The petitioner is the respondent-tenant in R.C.P.No.17 of
2016 on the file of the Rent Control Court (Munsiff), Cherthala, a
petition filed by the respondent herein - landlord under Section
11(8) of the Kerala Buildings (Lease and Rent Control) Act,
1965, seeking eviction of the tenant from the petition schedule
shop room. The tenant contested the matter by filing counter.
The Rent Control Court, by the order dated 29.06.2019, allowed
R.C.P.No.17 of 2016 and the tenant was directed to give vacant
possession of the petition schedule shop room to the landlord,
under Section 11(8) of the Act, within one month from the date
of that order. In case of default, the landlord was entitled to get
vacant possession of the building through process of Court. The
landlord was also found entitled to realise cost of the petition
from the respondent.
2. The order of eviction granted by the Rent Control
Court was under challenge in R.C.A.No.14 of 2019 filed by the
tenant before the Rent Control Appellate Authority (Addl.District
Judge-II), Alappuzha, an appeal filed under Section 18(1)(b) of
R.C.REV.NO.125 OF 2020
the Act. By the judgment dated 01.02.2020, the Appellate
Authority dismissed that appeal, thereby confirming the order
of eviction granted by the Rent Control Court.
3. Feeling aggrieved by the judgment of the Appellate
Authority dated 01.02.2020 in R.C.A.No.14 of 2019 and the
order dated 29.06.2019 of the Rent Control Court in R.C.P.No.17
of 2016, the tenant is before this Court in this Rent Control
Revision, invoking the provisions under Section 20 of the Act.
4. On 11.02.2020 when this Rent Control Revision
came up for admission, it was ordered to be posted after Onam
holidays, at the request of the learned counsel for the
petitioner-tenant. Thereafter, the matter was listed on
05.11.2021, for admission, based on an urgent memo filed by
the petitioner on 03.11.2021. When the matter was taken up
for admission, the learned counsel for the respondent-landlord
submitted that on account of mere pendency of this Rent
Control Revision, the execution court is not proceeding with the
matter. The learned counsel has also pointed out the pendency
of a connected Rent Control Revision, as R.C.Rev.No.81 of
2021. Therefore, this Court directed the Registry to call for a
R.C.REV.NO.125 OF 2020
report from the execution court, namely, the Munsiff's Court,
Cherthala, and ordered the matter to be listed at 4.00 p.m.
5. Pursuant to that order, a report dated 05.11.2011 is
received from the Principal Munsiff, Cherthala, wherein it is
stated that on 29.01.2021 the learned counsel for the tenant-
judgment debtor informed the execution court that R.C.A.No.14
of 2019 was dismissed and the judgment debtor is preferring
revision before this Court. The counsel sought time for
producing stay order. Based on that submission, the execution
court posted the matter on 03.04.2021. On that day and also
on the next posting date, i.e., 23.06.2021, there was no sitting,
and therefore, the case was adjourned to 03.08.2021. On
03.08.2021, the judgment debtor sought time for producing
the stay order. Hence, the matter was adjourned to
28.08.2021. On that day also, there was no sitting and hence
the matter was adjourned to 10.09.2021. On 10.09.2021 time
till 13.10.2021 was granted to the judgment debtor to produce
stay order. On that day, the matter was again adjourned to
20.10.2021 for producing stay order. Since no stay order was
R.C.REV.NO.125 OF 2020
produced, the case was posted on 21.10.2021 for filing an
affidavit or producing the stay order. On 21.10.2021 the
judgment debtor filed an affidavit stating that a revision is
pending before this Court and sought time for producing the
stay order. Hence, the execution petition was adjourned to
06.11.2021, for producing stay order.
6. From the report dated 05.11.2021 of the concerned
Section Officer, it is seen that the petitioner-tenant filed an
urgent memo in this Rent Control Revision only on 03.11.2021.
On the same day, the file was given to the Court Officers'
Section and accordingly the matter was listed on 05.11.2021
for admission.
7. Today, when this matter is taken up for consideration,
along with I.A.No.1 of 2021, filed by the learned counsel for
the petitioner-tenant, the terms and conditions of compromise
between the landlord and tenant, which is one dated
08.11.2021, is placed on record.
8. Heard the learned counsel for the petitioner-tenant
and also the learned counsel for the respondent-landlord.
R.C.REV.NO.125 OF 2020
9. The learned counsel on both sides would submit that
the parties have compromised the matter as per the terms and
conditions contained in I.A.No.1 of 2021. The said terms and
conditions read thus:
1. The revision petitioner (tenant) in the above
RC.Rev shall vacate the petition schedule shop
room(Room No.652/5 in ward no.V of Cherthala
Municipality) on or before 07.05.2022 and the key of
the said shop room shall be handed over to the
respondent.
2. The revision petitioner will clear all the
statutory dues in connection with the running of his
business in the said petition schedule shop room
including professional tax, electricity charges etc.
before handing over the key as aforesaid.
3. The respondent (landlord) has agreed to waive
of all the rent arrear as on today and will not claim
monthly rent till 07.05.2022.
4. The respondent will have every right to evict
the revision petitioner through due process of law and
to recover an amount of Rs.50,000 with interest at
the rate of 12% per annum towards compensation in
case the revision petitioner fails to vacate the petition
schedule shop room on or before 07.05.2022 as
aforesaid.
R.C.REV.NO.125 OF 2020
In such circumstances, this Rent Control Revision is
disposed of in terms of the compromise dated 08.11.2021
referred to herein above, which shall form part of this order.
Sd/-
ANIL K.NARENDRAN
JUDGE
Sd/-
P.G. AJITHKUMAR
JUDGE
PV
