Kerala High Court
Joseph Kuruvila vs Thomas Thomas Vallakalil on 24 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
Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943
IA.NO.2/2021 IN RCREV. NO. 322 OF 2017
RCA 5/2016 OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKARA.
RCP 2/2013 OF THE RENT CONTROL COURT, MAVELIKARA.
PETITIONER/ RESPONDENT IN RCR:
THOMAS THOMAS VALLAKALIL, S/O THOMAS, AGED 68 YEARS, RESIDING AT
PADINJAREVEETTIL, MAVELIKARA VILLAGE, MAVELIKARA MURI, MAVELIKARA
TALUK, ALAPPUZHA.
RESPONDENT/ PETITIONER IN RCR:
JOSEPH KURUVILA, S/O BABY, CHERUPUSHPAM HOUSE, CHETTIKULANGARA P.O,
EREZHA SOUTH MURI, PERINGALA VILLAGE, MAVELIKARA TALUK, APPUZHA
DISTRICT.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to modify the interim
order of stay dated 06-10-2017 which was extended until further orders
dated 10-11-2017 and direct the revision petitioner to pay the arrears of
rent due till date and continue to pay the monthly rent due on every
month, failing which the petitioner herein may be permitted to proceed
with execution under S.11 (2) (b) of the Kerala Building (Lease and Rent
Control) Act, 1965, in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this court's order dated
10-11-2017 in IA 2553/2017 and upon hearing the arguments of M/S GEORGE
VARGHESE PERUMPALLIKUTTIYIL, A.R.DILEEP, MANU SEBASTIAN & P.J.JOE PAUL,
Advocates for petitioner respondent in RCR) and of M/S DR.V.N.SANKARJEE,
V.N.MADHUSUDANAN, S.SIDHARDHAN, R.UDAYA JYOTHI, M.M.VINOD & M.SUSEELA,
Advocates for the respondent (petitioner in RCR), the court passed the
following:
[PTO]
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------
I.A.No.2 of 2021
in
R.C.R No.322 of 2017
------------------------------------------------------
Dated this the 24th day of November, 2021
ORDER
Anil K. Narendran, J.
I.A.No.2 of 2021
This is an application filed by the applicant, who is the
respondent-landlord in this Rent Control Revision, seeking an
order to modify the interim order of stay dated 06.10.2017 in
I.A.No.2553 of 2017, which was extended until further orders
by order dated 10.11.2017, by directing the respondent-
revision petitioner-tenant to pay arrears of rent due till date
and continue to pay monthly rent due on every month, failing
which, the petitioner be permitted to proceed with the
execution of the order of eviction in the order of the Rent
Control Court dated 31.03.2016 in R.C.P.No.2 of 2013, in so
far as the order of eviction under Section 11(2)(b) of the
Kerala Buildings (Lease and Rent Control) Act, 1965 is
concerned.
The respondent-revision petitioner-tenant has filed counter
I.A.No.2 of 2021 in R.C.R No.322 of 2017
affidavit opposing the relief sought for in this interlocutory
application. In paragraph 6 of the counter affidavit, it is stated
as follows:
"The rent has been in arrear only since January
2017. Thus as on 10.12.2021 the total arrears of
rent is Rs.7,12,425/-. I have a deposit of 6 lakh with
the respondent. It is necessary to adjust the said 6
lakh rupees against the arrears of amount to the
tune of Rs.7,12,425/-. I am ready and willing to
vacate the petition schedule shop room on or before
10.12.2021 and to pay the balance of rent which is
to the tune of Rs.1,12,425/- by 10 equal monthly
installments. The amount shown as arrears of rent in
the petition as well as Annexures appended thereto
is incorrect and baseless. I am not liable to pay such
amount as is shown therein."
Heard the learned counsel for the applicant-respondent-
landlord and also the learned counsel for the respondent-
revision petitioner-tenant.
Having considered the submissions made by the learned
counsel on both sides, this Court finds that the order of
eviction granted by the Rent Control Court in R.C.P.No.2 of
2013 under Section 11(3) of the Act alone was under
I.A.No.2 of 2021 in R.C.R No.322 of 2017
challenge before the Rent Control Appellate Authority. The
judgment of the Appellate Authority on that ground of eviction
is under challenge in this Rent Control Revision filed under
Section 20 of the Act.
In such circumstances, we deem it appropriate to
confine the interim order granted in I.A.No.2553 of 2017 in
this Rent Control Revision to order of eviction granted by the
Rent Control Court in R.C.P.No.2 of 2013, under Section 11(3)
of the Act. Hence, the landlord-decree holder is at liberty to
proceed with the execution of the order of eviction granted by
the Rent Control Court under Section 11(2)(b) of the Act.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
PV
24-11-2021 /True Copy/ Assistant Registrar
