Saramma Joseph vs Sajan Varghese
2022 Latest Caselaw 9246 Ker

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R.C.R.No.76 of 2022

              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 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                     RCREV. NO. 76 OF 2022
  AGAINST THE JUDGMENT DATED 03.01.2022 IN R.C.A.NO.9 OF 2019
 OF THE RENT CONTROL APPELLATE AUTHORITY II, KOTTAYAM AND THE
ORDER DATED 20.03.2019 IN R.C.P.NO.17 OF 2016 ON THE FILES OF
     THE PRINCIPAL RENT CONTROL COURT (MUNSIFF), KOTTAYAM
REVISION PETITIONERS:

     1       SARAMMA JOSEPH
             AGED 59 YEARS
             W/O.LATE C.K. JOSEPH, CHERUMPALA HOUSE,
             MOOLAVATTOM PO, NATTAKOM VILLAGE,
             KOTTAYAM TALUK-686012
     2       JITHIN JOSEPH,
             AGED 32 YEARS, S/O.LATE C.K. JOSEPH,
             CHERUMPALA HOUSE, MOOLAVATTOM PO,
             NATTAKOM VILLAGE, KOTTAYAM TALUK-686012
     3       JOMOL C. JOSEPH,
             AGED 38 YEARS, W/O. SUBIN K.IPE, CHERUMPALA HOUSE,
             MOOLAVATTOM PO, NATTAKOM VILLAGE,
             KOTTAYAM TALUK-686012
             BY ADV.
             SRI.T.O.XAVIER

RESPONDENTS:

     1       SAJAN VARGHESE
             AGED 68 YEARS
             S/O.VARGHESE,
             MADHAVASSERIL HOUSE,
             MUTTAMBALAM PO,
             MUTTAMBALAM VILLAGE,
             KOTTAYAM TALUK-686004
     2       MINI SAJAN,
             AGED 53 YEARS,
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R.C.R.No.76 of 2022
             W/O.SAJAN VARGHESE,
             MADHAVASSERIL HOUSE,
             MUTTAMBALAM PO,MUTTAMBALAM VILLAGE,
             KOTTAYAM TALUK- 686004
             BY ADVS.
             KRISHNA KUMAR J
             P.V.THOMAS(K/992/1994)
             LEENU ANANDHAN(K/000682/2016)
     THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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R.C.R.No.76 of 2022
                                  ORDER

Anil K. Narendran, J.

The petitioners are the respondents-tenants in R.C.P No.17 of

2016 on the file of the Rent Control Court (Principal Munsiff), Kottayam,

a petition filed by the respondents herein-landlords under Section 11(3)

of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking

eviction of the tenants from the petition schedule shop room. The Rent

Control Court, by the order dated 20.03.2019, allowed R.C.P.No.17 of

2016 and the tenants were directed to give vacant possession of the

petition schedule building to the landlord within a time limit stipulated in

the said order. Feeling aggrieved, the tenant filed R.C.A.No.9 of 2019

before the Additional Rent Control Appellate Authority-II, Kottayam,

which ended in dismissal by the judgment dated 03.01.2022.

Challenging the order of the Rent Control Court and the judgment of the

Appellate Authority, the tenants are before this Court in this Rent

Control Revision, invoking the provisions under Section 20 of the Act.

2. On 24.05.2022, notice was issued to the respondents. The

petitioners were permitted to take out notice to the respondents

through their counsel before the Principal Munsiff Court, Kottayam,

where the Execution Petition in R.C.P. No.17 of 2016 is pending

consideration.

3. On 23.06.2022, the learned counsel for the petitioners

R.C.R.No.76 of 2022 submitted that the petitioners-tenants are prepared to surrender the

petition schedule building to the landlords, for which they require

refund of the security deposit. The learned counsel for the respondents-

landlords sought time to get instructions.

4. Today, when this case is taken up for consideration, the

learned counsel for the respondents-landlords would submit that the

landlords are prepared to refund a sum of Rs.1,00,000/- (Rupees One

Lakh) towards security deposit on 15.08.2022.

5. The learned counsel for the petitioners-tenants would

submit that on receipt of the said amount, the tenants shall give vacant

possession of the petition schedule shop room to the landlords, on

15.08.2022.

Recording the aforesaid submission made by the learned counsel

for the landlords and the tenants, this Rent Control Revision is disposed

of.

Sd/-

ANIL K.NARENDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE PV