Thaha.S vs Shereena
2021 Latest Caselaw 23165 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
      Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943

                  IA.NO.1/2020 IN RCREV. NO. 382 OF 2018

             RCP 37/2013 OF THE RENT CONTROL COURT, PALAKKAD.

       RCA 8/2015 OF THE RENT CONTROL APPELLATE AUTHORITY PALAKKAD.

PETITIONERS/ RESPONDENT:

  1. SHEREENA, AGED 65 YEARS, W/O LATE KITHER MUHAMMED, RESIDING AT
     REVEIRA APARTMENTS, CHUNGAM, WEST YAKKARA, PALAKKAD

  2. FATHIMATHASLIM, AGED 44 YEARS, D/O LATE KITHER MUHAMMED, RESIDING
     AT REVEIRA APARTMENTS, CHUNGAM, WEST YAKKARA, PALAKKAD.NOW RESIDING
     AT 38, HINDUSTHAN AVENUE, AVINASHI ROAD, COIMBATORE-641028

RESPONDENTS/ REVISION PETITIONERS:

  1. THAHA, AGED 50 YEARS, AIRTEL DIGITAL SET UP BOX SALES AND RECHARGE
     BUSINESS, 17/436, P PRIYADARSINI ROAD, PALAKKAD.

  2. ABDUL RAHIMAN, AGED 64 YEARS, S/O. M.A KAREEM RAWTHER, PUTHAN VEEDU,
     KOTTADI, MANGALAM AMSOM, ALATHUR-678541


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the 2nd
respondent (tenant) to pay accrued rent of Rs 52,800/- (48 months x Rs
1100) immediately and to pay future rent before the 5th date of every
month, failing which the interim order dated 27-11-2018 staying the
execution of the judgment dated 31-07-2018 in RCA 8/2015 of Rent Control
appellate Authority, Palakkad be vacated.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this court's order dated
20-12-2018 in IA 1/2018 and upon hearing the arguments of M/S S.VINOD
BHAT & ANAGHA LAKSHMY RAMAN, Advocates for petitioners (respondents in
RCR) and of M/S SAJAN VARGHEESE K, LIJU. M.P & JOPHY POTHEN KANDANKARY,
Advocates for the respondents (petitioners in RCRV), the court passed the
following:


                                                                        [pto]
            ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
            ---------------------------------------------------
                           I.A.No.1 of 2020
                                    in
                         R.C.R.No.382 of 2018
          ------------------------------------------------------
             Dated this the 24th day of November, 2021

                               ORDER

Anil K. Narendran, J.

This is an application filed by the applicants, who are the

landlords, seeking an order directing the tenants to pay arrears of

rent of the tenanted premises.

2. On 27.11.2018, this Court granted an interim order in

I.A.No.1 of 2018, staying the execution of judgment dated

31.07.2018 in R.C.A.No.8 of 2015 of the Rent Control Appellate

Authority, Palakkad in modification of the order dated 29.11.2014

in R.C.P.No.37 of 2013 of the Rent Control Court, Palakkad, for a

period of one month. The said interim order was extended until

further orders on 20.12.2018.

3. Having considered the submissions made by the

learned counsel on both sides, it is ordered that the interim order

granted in I.A.No.1 of 2018 will continue to be in force, subject to

the condition that the tenants shall pay the arrears of rent as on

date, within a period of three weeks and shall continue to pay rent

for the subsequent months, without any default, during the R.C.R.No.382 of 2018

pendency of this revision.

List on 08.12.2021, along with R.C.R.No.141 of 2019.

Sd/-

ANIL K. NARENDRAN, Judge

Sd/-

P.G. AJITHKUMAR, Judge AV/24/11

24-11-2021 /True Copy/ Assistant Registrar