Ittiyachan vs Rajan Palloor
2022 Latest Caselaw 9250 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 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                    R.C.REV.NO. 401 OF 2019
 AGAINST THE JUDGMENT DATED 22.07.2019 IN R.C.A.NO.19 OF 2018
 OF THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT
JUDGE), NORTH PARAVUR REVERSING THE ORDER DATED 16.02.2018 IN
   R.C.P.NO.24 OF 2014 OF THE RENT CONTROL COURT (MUNSIFF),
                             ALUVA
REVISION PETITIONERS:

    1     ITTIYACHAN,
          AGED 75 YEARS, S/O. URUMEES,
          THOTTAKKARA HOUSE, VADAKKUMBHAGAM, MANJAPPARA,
          ALUVA TALUK, ERNAKULAM DISTRICT.
    2     THRESSIAMMA,
          AGED 72 YEARS, W/O. ITTIYACHAN,
          THOTTAKKARA HOUSE, VADAKKUMBHAGAM, MANJAPPARA,
          ALUVA TALUK, ERNAKULAM DISTRICT
          BOTH PETITIONERS ARE REPRESENTED BY THEIR POWER OF
          ATTORNEY HOLDER AUGUSTHY, AGED 71 YEARS,
          S/O. VAREED, MADAN HOUSE, VADAKKUMBHAGAM,
          MANJAPPARA, ALUVA TALUK, ERNAKULAM DISTRICT.
          BY ADVS.
          E.C.POULOSE
          BOBBY RAPHEAL.C


RESPONDENT:

          RAJAN PALLOOR
          PALLOOR HOUSE, MANJAPRA,
          ERNAKULAM DISTRICT - 683 581.
          BY ADV SRI.B.JAYASANKER
     THIS RENT CONTROL REVISION HAVING COME UP FOR FINAL
HEARING ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                2
R.C.Rev.No.401 of 2019

                          ORDER

Anil K. Narendran, J.

The petitioners-landlords filed R.C.P.No.24 of 2014 on the

file of the Rent Control Court (Munsiff), Aluva, against the

respondent-tenant seeking eviction of the petition schedule shop

rooms, under Section 11(3) of the Kerala Buildings (Lease and

Rent Control) Act, 1965. By the order dated 16.02.2018, the

respondent-tenant was directed to give vacant possession of

petition schedule shop rooms to the landlords within two months

from the date of receipt of that order. On failure, the landlords

were allowed to recover the possession of the said shop rooms,

through the process of court. Challenging the order of eviction

granted by the Rent Control Court, the respondent-tenant filed

R.C.A.No.19 of 2018 before the Rent Control Appellate Authority

(Additional District Judge), North Paravur. That appeal was

allowed by setting aside the order of eviction granted in

R.C.P.No.24 of 2014. The landlords filed this Rent Control

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

challenging the judgment dated 22.07.2019 of the Appellate

Authority in R.C.A.No.19 of 2018.

R.C.Rev.No.401 of 2019

2. On 25.10.2019, this Rent Control Revision was

admitted to file and notice was ordered to the respondent-

tenant.

3. On 03.03.2020, when this matter came up for

consideration, along with connected matters, the learned

counsel for the petitioners-landlords submitted that there is a

chance of settlement through mediation.

4. The learned counsel for the petitioners-landlords

has filed a memo dated 22.04.2022, wherein stated that the

matter has already been settled out of court and as such the

landlords have instructed him not to proceed with the case

further.

Recording the aforesaid memo filed by the learned

counsel for the petitioners-landlords, this Rent Control

Revision is dismissed as not pressed.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

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