Rajan @ Rajesh vs Shaji
2021 Latest Caselaw 21020 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                  THE HONOURABLE MR.JUSTICE K. BABU
 MONDAY, THE 11TH DAY OF OCTOBER 2021 / 19TH ASWINA, 1943
                         RCREV. NO. 5 OF 2021
 AGAINST THE JUDGMENT DATED 19/11/2020 IN R.C.A.NO.20 OF
 2019 OF RENT CONTROL APPELLATE AUTHORITY-V (ADDITIONAL
    DISTRICT JUDGE - V), PALAKKAD AND THE ORDER DATED
05/09/2019 IN I.A.NO.1420 OF 2016 IN R.C.P.NO.16 OF 2013
OF THE RENT CONTROL COURT (MUNSIFF), ALATHUR, PALAKKAD.
REVISION PETITIONER/APPELLANT/PETITIONER:

            RAJAN @ RAJESH,AGED 46 YEARS
            S/O CHANDRAN,NEAR KANIYAMANGALAM MOSQUE,
            ELAVAMPADAM POST,KIZHAKKENCHERRY,
            ALATHUR TALUK,PALAKKAD DISTRICT-678684.

               BY ADV K.S.SUMITHA


RESPONDENTS/RESPONDENTS/RESPONDENTS:

    1       SHAJIM AGED 38 YEARS,S/O.RAMAKRISHNAN,
            PUTHENPURA VEEDU,KALAVAPADAM, MOOLAMKODE POST,
            KIZHAKKENCHERRY, PALAKKAD DISTRICT-678683.

    2       PRASANNAN,AGED 37 YEARS, S/O.RAMANADHAN,
            KADAMKODE VEEDU, THEKKUMCHERRY, MUDAPPALLUR,
            PALAKKAD DISTRICT-678705.

        THIS     RENT   CONTROL    REVISION    HAVING    COME    UP    FOR
ADMISSION       ON   11.10.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                   -2-

RCREV. NO. 5 OF 2021



                                ORDER

Anil K. Narendran, J.

The petitioner is the respondent-tenant in R.C.P.No.16 of

2013 on the file of the Rent Control Court (Munsiff), Alathur, a

petition filed by the respondents-landlords seeking eviction of the

tenant under Section 11(2)(b) and 11(3) of the Kerala Buildings

(Lease and Rent Control) Act, 1965 ("the Act" for short). In the

Rent Control Petition, by order dated 16.06.2014, the petitioner

was set ex-parte. The tenant filed I.A.No.1420 of 2016 under

Section 5 of the Limitation Act, 1963, seeking an order to condone

the delay of 720 days in filing petition to set aside the ex-parte

order of eviction dated 16.06.2014 in R.C.P.No.16 of 2013.

However, that application was dismissed by the order dated

05.09.2019 of the Rent Control Court. Feeling aggrieved by the said

order, the petitioner filed R.C.A.No.20 of 2019 before the Rent

Control Appellate Authority-V (Additional District Judge-V),

Palakkad, which was also dismissed by the judgment dated

19.11.2020.

2. Challenging the judgment of the Rent Control Appellate

Authority dated 19.11.2020 in R.C.A.No.20 of 2019 confirming the

order dated 05.09.2019 of the Rent Control Court in I.A.No.1420 of

2016 in R.C.P.No.16 of 2013, the petitioner-tenant is before this

RCREV. NO. 5 OF 2021

Court in this Rent Control Revision, filed under Section 20 of the

Act.

3. On 07.01.2021, when this revision came up for

admission, this Court issued notice by speed post to the

respondent. This Court granted an interim order in I.A.No.1 of 2021

staying execution of the order of eviction in E.P.No.88 of 2015 in

R.C.P.No.16 of 2013 before the Munsiff Court, Alathur, for a period

of one month.

4. Despite service of notice, none appears for the

respondents-landlords.

5. Today, when the matter is taken up for consideration,

the learned counsel for the petitioner-tenant would submit that the

tenant had already purchased the petition schedule building from

the respondents-landlords and as such, the petitioner do not want

to prosecute this revision further.

In such circumstances, recording the above submission made

by the learned counsel for the petitioner-tenant, this Rent Control

Revision is dismissed as withdrawn.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

K. BABU, JUDGE AV/12/10