Kerala High Court
Sandeep vs Nss Karayogam No. 3222 on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 28 OF 2021
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 46/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED
31.10.2018 IN RCP 54/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
DR.PRASANTH, AGED 46 YEARS, SREYAS DENTAL CLINIC, ROOM
NOS 1/290,291,292, KUNDUKAVU THEKKENADA GOPURM COMPLEX,
ALAGAPPANAGAR GRAMA PANCHAYAT, AMBALLUR VILLAGE,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN-680 302.
BY ADVS.
REJI MATHEW.M
SMT.M.K.MEHRUNISHA BASIMA
SHRI.MATHEW VARGHESE
RESPONDENT/APPELLANT/PETITIONER:
NSS KARAYOGAM, NO 3222, AMBALLUR, AMBALLUR VILLAGE,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT,
REP BY THE PRESIDENT, NSS KARAYOGAM NO 3222, AMBALLUR
VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN-680
302.
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 29 OF 2021
AGAINST THE JUDGMENT DATED 8.6.2020 IN RCA 55/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED
31.10.2018 IN RCP 50/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
DR.PRASANTH, AGED 46 YEARS, SREYAS DENTAL CLINIC,
ROOM NO 1/273, KUNDUKAVU THEKKENADA GOPURM COMPLEX,
ALAGAPPANAGAR GRAMA PANCHAYAT, AMBALLUR VILLAGE,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN-680302.
BY ADVS.
REJI MATHEW.M
SMT.M.K.MEHRUNISHA BASIMA
SHRI.MATHEW VARGHESE
RESPONDENT/APPELLANT/PETITIONER:
NSS KARAYOGAM NO.3222, AMBALLUR, AMBALLUR VILLAGE,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT REPRESENTED BY THE
PRESIDENT ,
NSS KARAYOGAM NO. 3222, AMBALLUR VILLAGE, MUKUNDAPURAM
TALUK, TRISSUR DISTRICT, PIN-680302.
BY ADVS.
SRI.N.M.MADHU
SRI.P.P.HARRIS
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 34 OF 2021
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 91/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED
31.10.2018 IN RCP 15/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/APPELLANT/RESPONDENT:
ANTO M.FRANCIS, AGED 48 YEARS, S/O.MAPRANATHUKARAN
FRANCIS, AMBALLUR VILLAGE, VARAKKARA DESOM, MUKUNDAPUAM
TALUK, THRISSUR DIST., ANUGRAHA STORES, ROOM NO.1/238,
ALAGAPPANAGAR GRAMAPANCHAYATH, KUNDUKKAVU THEKKENADA
GOPURAM COMPLEX, AMBALLUR VILLAGE DESOM, THRISSUR
DISTRICT.
BY ADVS.
V.M.KRISHNAKUMAR
RENJITH THAMPAN (SR.)
RESPONDENT/RESPONDENT/PETITIONER:
NSS KARAYOGAM AMBALLUR NO.3222, AMBALLUR VILLAGE DESOM,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
REP. BY PRESIDENT MURALI, S/O.SANKARATH VEETTIL
VILASINI AMMA, AMBALLUR VILLAGE, DESOM, ALAGAPPANAGAR
P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680
302.
BY ADVS.
SRI.N.M.MADHU
SRI.P.P.HARRIS
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
R.C. Rev. No.28 of 2021 and Connected Cases
..4..
12.12.2022, ALONG WITH RCRev..28/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 38 OF 2021
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 29/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED
31.10.2018 IN RCP 16/2012 OF ADDITIONAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
KURIAN, AGED 63 YEARS, PROPRIETOR, PUDUSSERRY BATTERY
ROOM NO. 1/232, KUNDUKAVU THEKKENADA GOPURAM COMPLEX,
ALAGAPPANAGAR GRAMA PANCHAYAT
AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT
PIN 680 302
BY ADVS.
REJI MATHEW.M
SMT.M.K.MEHRUNISHA BASIMA
SHRI.MATHEW VARGHESE
RESPONDENT/APPELLANT/PETITIONER:
NSS KARAYOGAM NO 3222 AMBALLUR, AMBALLUR VILLAGE,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT
REPRESENTED BY THE PRESIDENT, NSS KARAYOGAM NO. 3222,
AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT
PIN 680 302
BY ADVS.
SRI.N.M.MADHU
SRI.P.P.HARRIS
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..6..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 39 OF 2021
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 48/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA AGAINST THE JUDGMENT DATED
31.10.2018 IN RCP 34/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
HARIAPPAN, AGED 66 YEARS, (SHEHARI MEDICALS, DTDC
COURIER SERVICE AMBALLUR, ROOM NO.1/229 AND 1/230,
ALAGAPPANANGAR GRAMA PANCHAYAT),S/O. KAIPPILLY
RATHNAMMA, AMBALLUR VILLAGE DESAM, ALANGAPPANAGAR.P.O.,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT,PIN-680 302
BY ADVS.
REJI MATHEW.M
SMT.M.K.MEHRUNISHA BASIMA
SHRI.MATHEW VARGHESE
RESPONDENT/APPELLANT/PETITIONER:
NSS KARAYOGAM NO.3222, AMBALLUR, ALANGAPPANAGAR.P.O.,
TRISSUR
REP BY THE PRESIDENT C.MURALI , 65 YEARS, S/O.
SANKARATHVEETIL VILASINI AMMA, AMBALLUR
,ALANGAPPANAGAR.P.O., MUKUNDAPURAM TALUK, TRISSUR
DISTRICT,PIN-680 302
BY ADVS.
SRI.N.M.MADHU
SRI.P.P.HARRIS
R.C. Rev. No.28 of 2021 and Connected Cases
..7..
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..8..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 41 OF 2021
AGAINST THE JUDGMENT DATED 8.06.2020 RCA 28/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA ARISING FROM THE ORDER DATED
31.10.2018 IN RCP 15/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
ANTO M.FRANCIS, AGED 48 YEARS, S/O. MAPRANATHUKARAN
FRANCIS, AMBALLUR VILLAGE, VARAKKARA DESOM,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT, ANUGRAHA STORES,
ROOM NO.1/238, ALAGAPPANAGAR GRAMAPANCHAYATH,
KUNDUKKAVU THEKKENADA GOPURAM COMPLEX, AMBALLUR VILLAGE
DESOM, THRISSUR DISTRICT.
BY ADVS.
V.M.KRISHNAKUMAR
RENJITH THAMPAN (SR.)
RESPONDENT/APPELLANT/PETITIONER:
NSS KARAYOGAM AMBALLUR NO.3222, AMBALLUR VILLAGE DESOM,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
REPRESENTED BY PRESIDENT MURALI, S/O. SANKARATHVEETTIL
VILASINI AMMA, AMBALLUR VILLAGE, DESOM, ALAGAPPANAGAR
P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680
302.
BY ADVS.
N.M.MADHU
P.P.HARRIS(K/486/1990.)
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
R.C. Rev. No.28 of 2021 and Connected Cases
..9..
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..10..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 50 OF 2021
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 96/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA ARISES FROM THE ORDER DATED
31.10.2018 IN RCP 21/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/APPELLANT/RESPONDENT:
SANDEEP, AGED 37 YEARS, S/O. PULINKUZHI VISWAMBHARAN,
EDAKKUNNI VILLAGE, THAIKKATTUSSERY DESOM, THRISSUR
TALUK, THRISSUR DISTRICT, SPARK ELECTRICALS, ROOM
NO.1/227, 1/228, KUNDUKADAVU THEKKENADA GOPURAM
COMPLEX, ALAGAPPANAGAR GRAMAPANCHAYATH, AMBALLUR
VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADVS.
V.M.KRISHNAKUMAR
RENJITH THAMPAN (SR.)
RESPONDENT/RESPONDENT/PETITIONER:
NSS KARAYOGAM NO. 3222, AMBALLUR VILLAGE DESOM,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
REP. BY PRESIDENT MURALI, S/O. SANKARATHVEETTIL
VILASINI AMMA, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM
TALUK, THRISSUR DISTRICT, PIN-680302.
BY ADV N.M.MADHU
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..11..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 51 OF 2021
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 39/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED
31.10.2018 IN RCP 33/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
NAIJO, AGED 37 YEARS, PROPRIETOR, KARIPPERY AYURVEDIC,
ROOM 1/247, KUNDUKAVU THEKKENADA GOPURAM COMPLEX,
ALAGAPPANAGAR GRAMA PANCHAYAT, AMBALLUR VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680302.
BY ADVS.
REJI MATHEW.M
SMT.M.K.MEHRUNISHA BASIMA
SHRI.MATHEW VARGHESE
RESPONDENT/APPELLANT/PETITIONER:
NSS KARAYOGAM NO-3222, AMBALLUR, AMBALLUR VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT, REPRESENTED BY
THE PRESIDENT, NSS KARAYOGAM NO.3222, AMBALLUR VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680302.
BY ADVS.
SRI.N.M.MADHU
SRI.P.P.HARRIS
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..12..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 58 OF 2021
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 99/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED
31.10.2018 IN RCP 54/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/APPELLANT/RESPONDENT:
DR.PRASANTH, AGED 46 YEARS, SREYAS DENTAL CLINIC, ROOM
NOS. 1/290, 291, 292, KUNDUKAVU THEEKKENADA GOPURAM
COMPLEX, ALAGAPPANAGAR GRAMA PANCHAYAT AMBALLUR
VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN -
680 302.
BY ADVS.
REJI MATHEW.M
SMT.M.K.MEHRUNISHA BASIMA
SHRI.MATHEW VARGHESE
RESPONDENT/RESPONDENT/PETITIONER:
NSS KARAYOGAM NO.3222 AMBALLUR, AMBALLUR VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
REP. BY THE PRESIDENT, NSS KARAYOGAM NO.3222, AMBALLUR
VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN -
680 302.
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..13..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 59 OF 2021
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 62/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA AGAINST THE JUDGMENT DATED
31.10.2018 IN RCP 34/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/APPELLANT/RESPONDENT:
HARIAPPAN, AGED 66 YEARS, (SREHARI MEDICALS, DTDC
COURIER SERVICE AMBALLUR, ROOM NO 1/229 AND 1/230,
ALAGAPANAGAR GRAMA PANCHAYAT), KUNDUKAVU THEKKENADA
GOPURAM COMPLEX, S/O KAIPPILLY RATHNAMMA, AMBALLUR
VILLAGE, DESAM, MUKUNDAPURAM TALUK, TRISSUR DISTRICT,
PIN-680 302.
BY ADVS.
REJI MATHEW.M
SMT.M.K.MEHRUNISHA BASIMA
SHRI.MATHEW VARGHESE
RESPONDENT/RESPONDENT/PETITIONER:
NSS KARAYOGAM NO.3222, AMBALLUR, ALAGAPPANAGAR
P.O.THRISSUR,
REP BY PRESIDENT C MURALI, 65 YEARS, S/O
SANKARATHVEETTIL VILASINI AMMA, AMBALLUR, ALAGAPANAGAR
P.O.MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN-680 302.
BY ADVS.
N.M.MADHU
P.P.HARRIS
C.B.JITHIN
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
R.C. Rev. No.28 of 2021 and Connected Cases
..14..
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..15..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 62 OF 2021
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 94/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED
31.10.2018 IN RCP 50/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/APPELLANT/RESPONDENT:
DR.PRASANTH, AGED 46 YEARS, REPRESENTED BY SREYAS
DENTAL CLINIC, ROOM NO. 1/273 OF ALAGAPPANAGAR
PANCHAYAT, S/O. MECHERY PARAMESWARAN NAIR, AMBALLUR
VILLAGE, DESAM, MUKUNDAPURAM TALUK, TRISSUR DISTRICT,
PIN - 680 302.
BY ADVS.
REJI MATHEW.M
SMT.M.K.MEHRUNISHA BASIMA
SHRI.MATHEW VARGHESE
RESPONDENT/RESPONDENT/PETITIONER:
NSS KARAYOGAM NO.3222 REPRESENTED BY PRESIDENT C.
MURALI, AMBALLUR VILLAGE, DESAM, MUKUNDAPURAM TALUK,
TRISSUR DISTRICT, PIN - 680 302.
BY ADVS.
N.M.MADHU
P.P.HARRIS(K/486/1990.)-14503
C.B.JITHIN
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..16..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 91 OF 2022
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 36/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED
31.10.2018 IN RCP 21/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
SANDEEP, AGED 38 YEARS, (PROPRIETOR, 'SPARK
ELECTRICALS, ROOM, KUNDUKADAVU THEKKENADA GOPURAM
COMPLEX, AMBALLUR, ALAGAPPANAGAR, GRAMAPANCHAYATH
NO.1/227, 1/228), S/O PULINKUZHI VISWAMBHARAN,
EDAKKUNNI VILLAGE, THAIKKATTUSSERY DESOM, THRISSUR
TALUK, THRISSUR DISTRICT. PIN - 680 302.
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
RENJITH THAMPAN (SR.)
RESPONDENT/APPELLANT/PETITIONER:
NSS KARAYOGAM NO.3222, AMBALLUR, ALAGAPPANAGAR P. O.,
THRISSUR.
REP. BY PRESIDENT C. MURALI, 66 YEARS. S/O
SANKARATHVEETTIL VILASINI AMMA AMBALLUR, ALAGAPPANAGAR
P. O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN
680302.
BY ADV N.M.MADHU
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
R.C. Rev. No.28 of 2021 and Connected Cases
..17..
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..18..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 97 OF 2022
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 50/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED
31.10.2018 IN RCP 42/2012 OF PRINCIPAL MUNSIFF COURT,THRISSUR
REVISION PETITIONERS/RESPONDENTS 2 TO 5/ADDL.RESPONDENTS 2 TO 5:
1 SARA CHAKKAPPAN, AGED 74 YEARS, W/O.NAMBADAN
CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK,
THRISSUR DIST., PIN - 680 317.
2 BIJOY C.NAMBADAN, S/O.NAMBADAN CHAKKAPPAN, KALLUR
VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST., PIN
- 680 317.
3 BINOY C.NAMBADAN, S/O.NAMBADAN CHAKKAPPAN, KALLUR
VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST., PIN
- 680 317.
4 ROSE C.NAMBADAN, W/O.BINOY C.EBRAHAM, KAREDATH (H),
P.O.AZHAKAM, NEAR MOONAMPARAMBU CHURCH, ALUVA TALUK,
ERNAKULAM DIST., PIN - 683 577.
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
RESPONDENT/APPELLANT/PETITIONER:
NSS KARAYOGAM, AMBALLUR NO.3222, AMBALLUR VILLAGE,
DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680
REP. BY PRESIDENT MURALI, S/O.SANKARATH VEETTIL
VILASINI AMMA, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM
TALUK, THRISSUR DISTRICT, PIN - 680 302.
R.C. Rev. No.28 of 2021 and Connected Cases
..19..
BY ADV N.M.MADHU
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..20..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 104 OF 2022
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 31/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED
31.10.2018 IN RCP 20/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/3RD RESPONDENT/3RD RESPONDENT:
JOHNY, AGED 67 YEARS, (PROPRIETOR, EVERSHINE ALUMINIUM,
KUNDUKAVU THEKKENADA GOPURAM COMPLEX, AMBALLUR,
ALAGAPPANAGAR GRAMAPANCHAYATH NO.1/259), THRISSUR
DISTRICT, PIN - 680 302, S/O KAVIL ANTHAPPAN,
MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT.
BY ADV V.M.KRISHNAKUMAR
RESPONDENTS:
1 NSS KARAYOGAM NO.3222, AMBALLUR, ALAGAPPANAGAR.P.O,
THRISSUR DISTRICT, PIN- 680302,
REP.BY PRESIDENT MURALI, 66 YEARS, S/O SANKARATH
VEETTIL VILASINI AMMA, AMBALLUR VILLAGE, DESOM,
ALAGAPPANAGAR PO, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT, PIN - 680 302.
2 JOSE, AGED 65 YEARS (PROPRIETOR, EVERSHINE ALUMINIUM,
KUNDUKAVU THEKKENADA GOPURAM COMPLEX, AMBALLUR,
ALAGAPPANAGAR GRAMA PANCHAYATH NO.1/259), THRISSUR
DISTRICT, PIN - 680 302, S/O KAVIL ANTHAPPAN,
MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT, PIN- 680 121.
R.C. Rev. No.28 of 2021 and Connected Cases
..21..
3 THOMAS, AGED 80 YEARS, (PROPRIETOR, EVERSHINE
ALUMINIUM, KUNDUKAVU THEKKENADA GOPURAM COMPLEX,
AMBALLUR, ALAGAPPANAGAR GRAMA PANCHAYATH NO.1/259),
THRISSUR DISTRICT, PIN - 680 302, S/O NEREPARAMBIL
LONAPPAN, MANALUR VILLAGE, THRISSUR TALUK, THRISSUR
DISTRICT, PIN - 680617.
BY ADVS.
M.N. MADHU
N.M.MADHU
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..22..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 110 OF 2022
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 38/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED
31.10.2018 IN RCP 31/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONERS/RESPONDENTS 2 TO 5/ADDL.RESPONDENTS 2 TO 5:
1 SARA CHAKKAPPAN, AGED 74 YEARS, W/O NAMBADAN
CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK,
THRISSUR DIST. PIN 680 317.
2 BIJOY C NAMBADAN @ BIJOY C.CHAKKAPPAN, S/O NAMBADAN
CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK,
THRISSUR DIST. PIN 680 317.
3 BINOY C NAMBADAN, S/O NAMBADAN CHAKKAPPAN, KALLUR
VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST. PIN
680 317.
4 ROSE C NAMBADAN, W/O BINOY C ABRAHAM, KAREDATH (P.O
AZHAKAM, NEAR MOONAMPARAMBU CHURCH, ALUVA TALUK,
ERNAKULAM DIST. PIN - 683 577.
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
RESPONDENT/APPELLANT/PETITIONER:
N.S.S KARAYOGAM, AMBALLUR, ALAGAPPANAGAR.P.O, THRISSUR
R.C. Rev. No.28 of 2021 and Connected Cases
..23..
REP.BY PRESIDENT C.MURALI, 66 YEARS, S/O SANKARATH
VEETTIL VILASINI AMMA AMBALLUR, ALAGAPPANAGAR.P.O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT. PIN - 680 302.
BY ADV N.M.MADHU
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..24..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 112 OF 2022
AGAINST JUDGMENT DATED 8.06.2020 IN RCA 34/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED
31.10.2018 IN RCP 29/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
SARA CHAKKAPPAN, AGED 74 YEARS, (PROPRIETOR, SELECTION
LAND MOBILE, KUNDUKAVU THEKKENADA GOPURAM COMPLEX,
AMBALLUR, ALAGAPPANAGAR GRAMA PANCHAYATH NO. I/258),
W/O. NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 317.
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
RESPONDENT/APPELLANT/PETITIONER:
NSS KARAYOGAM NO. 3222, ALAGAPPANAGAR P.O, THRISSUR
DISTRICT, PIN 680 302,
REP. BY PRESIDENT MURALI, 66 YEARS, S/O. SANKARATH
VEETTIL VILASINI AMMA, AMBALLUR, ALAGAPPANAGAR P.O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 302.
BY ADV N.M.MADHU
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..25..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 146 OF 2022
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 86/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED
31.10.2018 IN RCP 42/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONERS/ APPELLANTS/RESPONDENTS:
1 SARA CHAKKAPPAN, AGED 74 YEARS, REP.BY C.B.AGENCIES,
ROOM NO.1/283 OF ALAGAPPANAGAR PANCHAYATH, W/O
CHAKKAPPAN, NAMBADAN HOUSE, KALLUR, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680 317.
2 BIJOY CHAKKAPPAN, AGED 48 YEARS, REP.BY C.B.AGENCIES,
ROOM NO.1/283 OF ALAGAPPANAGAR PANCHAYATH, S/O NAMBADAN
CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680 317.
3 BINOY C. NAMBADAN, AGED 46 YEARS, REP.BY C.B.AGENCIES,
ROOM NO.1/283 OF ALAGAPPANAGAR PANCHAYATH, S/O NAMBADAN
CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680 317.
4 ROSE C NAMBADAN, AGED 41 YEARS, W/O BINOY C ABRAHAM,
KAREDATH (H), P.O AZHAKAM, ALUVA TALUK, ERNAKULAM
DISTRICT, PIN - 683 577.
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
RESPONDENT/RESPONDENT/PETITIONER:
R.C. Rev. No.28 of 2021 and Connected Cases
..26..
NSS KARAYOGAM NO. 3222, REP.BY PRESIDENT C.MURALI,
AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT. PIN - 680 302.
BY ADVS.
N.M.MADHU
P.P.HARRIS(K/486/1990.)
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..27..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 152 OF 2022
AGAINST JUDGMENT DATED 8.06.2020 IN RCA 74/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED
31.10.2018 IN RCP 20/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/2ND APPELLANT/3RD RESPONDENT:
JOHNY, AGED 67 YEARS, S/O KAVIL ANTHAPPAN,
MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT. PIN - 680 121. ROOM NO.1/259, KUNDUKADAVU
THEKKENADA GOPURAM COMPLEX, ALAGAPPANAGAR
GRAMAPANCHAYATH, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM
TALUK, THRISSUR DISTRICT. PIN - 680 302.
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
RESPONDENTS/RESPONDENT & 1ST APPELLANT/PETITIONER & 1ST
RESPONDENT:
1 NSS KARAYOGAM, AMBALLUR NO. 3222, AMBALLUR VILLAGE,
DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT
REPRESENTED BY PRESIDENT MURALI, S/O SANKARATH VEETIL
VILASINI AMMA, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM
TALUK, THRISSUR DISTRICT PIN - 680 302.
2 JOSE, S/O KAVIL ANTHAPPAN, MANAVALASSERY VILLAGE,
DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. PIN- 680
121. EVERSHINE ALUMINIUM, ROOM NO.1/259, KUNDUKADAVU
THEKKENADA GOPURAM COMPLEX, ALAGAPPANAGAR
GRAMAPANCHAYATH, AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM
R.C. Rev. No.28 of 2021 and Connected Cases
..28..
TALUK, THRISSUR DISTRICT.
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..29..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 167 OF 2022
AGAINST JUDGMENT DATED 8.06.2020 IN RCA 95/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED
31.10.2018 IN RCP 29/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/APPELLANT/RESPONDENT:
SARA CHAKKAPPAN, AGED 74 YEARS, W/O NAMBADAN
CHAKKAPPAN, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT. PIN- 680 317. PROPRIETOR, 'SELECTION
LAND MOBILE', ROOM NO.1/258, KUNDUKAVU THEKKENADA
GOPURAM COMPLEX, ALAGAPPANAGAR GRAMA PANCHAYATH,
AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT. PIN - 680 317.
BY ADV V.M.KRISHNAKUMAR
RESPONDENT/RESPONDENT/PETITIONER:
NSS KARAYOGAM 3222, AMBALLUR AMBALLUR VILLAGE, DESOM,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680 302.
REP.BY PRESIDENT C.MURALI, S/O SANKARATH VEETIL
VILASINI AMMA,AMBALLUR VILLAGE, DESOM, MUKUNDAPURAM
TALUK, THRISSUR DISTRICT PIN - 680 302.
BY ADVS.
N.M.MADHU
P.P.HARRIS(K/486/1990.)
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
R.C. Rev. No.28 of 2021 and Connected Cases
..30..
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..31..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 173 OF 2022
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 27/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED
31.10.2018 IN RCP 18/2012 OF ADDITIONAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
PHILOMINA JOSE, AGED 68 YEARS, PROPRIETOR, VAIDYARATNAM
OUSHADHASALA, ROOM 1/231, KUNDUKAVU THEKKENADA GOPURAM
COMPLEX, ALAGAPPANAGAR GRAMA PANCHAYAT, AMBALLUR
VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN -
680 302.
BY ADVS.
REJI MATHEW.M
M.K.MEHRUNISHA BASIMA
MATHEW VARGHESE
RESPONDENT/APPELLANT/PETITIONER:
N.S.S KARAYOGAM, NO.3222, AMBALLUR, AMBALLUR VILLAGE,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT,
REP. BY THE PRESIDENT, NSS KARAYOGAM NO.3222, AMBALLUR
VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN -
680 302.
BY ADVS.
N.M.MADHU
P.P.HARRIS(K/486/1990.)
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..32..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 189 OF 2022
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 93/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED
31.10.2018 IN RCP 16/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/APPELLANT/RESPONDENT:
KURIAN, AGED 63 YEARS, PUDUSSERY BATTERY, ROOM
NO.1/232, ALAGAPPANAGAR PANCHAYAT, S/O. PUTHUSSERY
THOMMAN, AMBALLUR VILLAGE, DESOM, KUNDUKAVU THEKKENADA
GOPURAM COMPLEX, MUKUNDAPURAM TALUK, TRISSUR
DISTRICT,PIN-680 302
BY ADVS.
REJI MATHEW.M
N.SAJU THOMAS
MATHEW VARGHESE
M.K.MEHRUNISHA BASIMA
SABU K. VARGHESE
MATHEWS K. NELLUVELY
RESPONDENT/RESPONDENT/PETITIONER:
NSS KARAYOGAM NO: 3222
REP BY PRESIDENT C. MUARLI, AMBALLUR VILLAGE, DESOM,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT,PIN-680 302
BY ADV N.M.MADHU
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..33..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 190 OF 2022
AGAINST JUDGMENT DATED 8.06.2020 IN RCA 92/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT DATED
31.10.2018 IN RCP 18/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/APPELLANT/RESPONDENT:
PHILOMINA JOSE, AGED 66 YEARS, VAIDYARATNAM
OUSHADHASALA, ROOM 1/231 OF ALAGAPPANAGAR PANCHAYATH,
W/O. KARIPPERI JOSE, KALLUR VILLAGE, DESOM,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT,
PIN. 680 302.
BY ADVS.
REJI MATHEW.M
N.SAJU THOMAS
M.K.MEHRUNISHA BASIMA
MATHEW VARGHESE
SABU K. VARGHESE
MATHEWS K. NELLUVELY
RESPONDENT/APPELLANT/PETITIONER:
N.S.S KARAYOGAM NO.3222,
REP BY PRESIDENT, C MURALI, AMBALLUR VILLAGE, DESAM,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN. 680 302.
BY ADV N.M.MADHU
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..34..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 191 OF 2022
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 100/2019 OF
ADDITIONAL DISTRICT COURT, IRINJALAKUDA MODIFYING THE JUDGMENT
DATED 31.10.2018 IN RCP 33/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONER/APPELLANT/RESPONDENT:
NAIJO, AGED 40 YEARS, KARIPPERY AYURVEDIC, ROOM 1/247,
ALAGAPPANAGAR GRAMA PANCHAYAT,
S/O. KARIPPERI JOSE, NJELLUR DESOM, KALLUR VILLAGE,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN. 680 302.
BY ADVS.
REJI MATHEW.M
N.SAJU THOMAS
M.K.MEHRUNISHA BASIMA
MATHEW VARGHESE
SABU K. VARGHESE
MATHEWS K. NELLUVELY
RESPONDENT/RESPONDENT/PETITIONER:
NSS KARAYOGAM NO.3222,
REP BY PRESIDENT C MURALI, AMBALLUR VILLAGE, DESOM,
MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN.680 302.
BY ADV N.M.MADHU
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..35..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
RCREV. NO. 197 OF 2022
AGAINST THE JUDGMENT DATED 8.06.2020 IN RCA 77/2019 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA WHICH ARISES FROM THE ORDER DATED
31.10.202018 IN RCP 31/2012 OF PRINCIPAL MUNSIFF COURT
,IRINJALAKUDA
REVISION PETITIONERS/APPELLANTS/ADDL.RESPONDENTS 2 TO 5:
1 SARA CHAKKAPPAN, AGED 74 YEARS, REPD.BY LAND DUTY
PAID, ROOM NO.1/240 OF ALAGAPPA NAGAR PANCHAYATH, W/O
NAMBADAN CHAKKAPPAN, KALLUR VILLAGE, DESOM,
MUKUNDAPURAM TALUK, THRISSUR DIST. PIN 680 317.
2 BIJOY CHAKKAPPAN, AGED 48 YEARS, REPD.BY SELECTION
LAND DUTY PAID, ROOM NO.1/240 OF ALAGAPPA NAGAR
PANCHAYATH, S/O NAMBADAN CHAKKAPPAN, KALLUR VILLAGE,
DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST. PIN 680 317.
3 BINOY C NAMBADAN, AGED 46 YEARS, REPD.BY SELECTION
LAND DUTY PAID, ROOM NO.1/240 OF ALAGAPPA NAGAR
PANCHAYATH, S/O NAMBADAN CHAKKAPPAN, KALLUR VILLAGE,
DESOM, MUKUNDAPURAM TALUK, THRISSUR DIST. PIN 680 317.
4 ROSE C NAMBADAN, AGED 41 YEARS, W/O BINOY C ABRAHAM,
KAREDATH (H) P.O AZHAKAM, ALUVA TALUK, ERNAKULAM DIST.
PIN - 683 577.
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
P.S.SIDHARTHAN
MAYA M.
RESPONDENT/RESPONDENT/PETITIONER:
R.C. Rev. No.28 of 2021 and Connected Cases
..36..
NSS KARAYOGAM NO. 3222,
REP.BY PRESIDENT: C.MURALI, AMBALLUR VILLAGE, DESOM,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.12.2022, ALONG WITH RCRev..34/2021 AND CONNECTED CASES, THE
COURT ON 23.12.2022 DELIVERED THE FOLLOWING:
R.C. Rev. No.28 of 2021 and Connected Cases
..37..
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
----------------------------------------------
R.C.Rev. Nos.28, 29, 34, 38, 39, 41, 50, 51,
58, 59, and 62 of 2021,
91, 97, 104, 110, 112, 146, 152, 167, 173,
189, 190, 191 and 197 of 2022
----------------------------------------------
Dated this the 23rd day of December, 2022
J U D G M E N T
A.Muhamed Mustaque, J
These rent control revisions have arisen from
a common order of the Rent Controller and the
Appellate Authority fixing fair rent. Commercial
complex owned by NSS Karayogam, Alagappa Nagar is
in occupation of different tenants. The Rent
Controller fixed Rs.6 per square feet as rent for
rooms at ground floor, Rs.4 per square feet for
rooms on first floor and Rs.3 for rooms on second
floor. On a challenge made before the Appellate
Authority by the landlord NSS Karayogam, and
also by the tenants, the appellate Court modified
the order of the Rent Controller by enhancing
R.C. Rev. No.28 of 2021 and Connected Cases
..38..
rate of fair rent at Rs.12, Rs.8 and Rs.5
respectively. Accordingly, the appeal filed by
NSS Karayogam was allowed and the appeals filed
by the tenants were dismissed. It is to be noted
that both the authorities allowed 7.5% annual
periodical enhancement on the fair rent fixed.
2. The learned Senior Counsel Sri. Renjith
Thampan appearing for the tenants argued that NSS
Karayogam is not a legal person and is not
competent to institute a petition without
recourse to the provisions contained in Order I
Rule 8 of the Code of Civil Procedure, 1908.
This argument has been raised at the first time
in this revision. The Kerala Buildings (Lease
and Rent Control) Act, 1965 (for short "Act")
defines the status of landlord as a person who is
receiving or to receive the rent of a building,
whether on his own account or on behalf of
another or on behalf of himself and others or as
an agent, trustee, administrator, receiver or
R.C. Rev. No.28 of 2021 and Connected Cases
..39..
guardian or who would so receive the rent or be
entitled to receive the rent, if the building
were let to a tenant. The person referred to
herein is not necessarily a legal person
recognised under law. The reference to status
itself makes a person competent to sue. It is
not the personality that defines the competency
but the status. The law clearly defines the said
status. The competency to sue would be relevant
contextually based on statutory provisions.
Under the Rent Control Act, status being the
criteria, nothing else demands the fulfillment of
competency than the status. We, therefore,
overrule this belated objection.
3. The learned Senior counsel would further
contend that in one of the rent control petitions
(RCP No.50/2012), the tenant was inducted only on
9.03.2011 on a monthly rent of Rs.700/-. Since
the rent control petitions were filed only in the
year 2012, the market rate ought to have been
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fixed with reference to the rent fixed as above.
According to him, the square feet rate in that
case is only less than Rs.3/-.
4. We note that this argument is not
factually correct. In fact, the tenanted
premises was let out in the year 1997 and the
enhancement to Rs.700/- in the year 2011 was on
existing rate of rent. That cannot prejudice the
landlord fixing a fair rent in accordance with
law.
5. The Rent control Appellate Authority,
while enhancing the fair rent fixed by the Rent
Controller, have adverted to the consumer price
index, decrease in money value, escalation of
price of articles and also the importance of the
locality. It also noted the rate of rent of
similar buildings in the locality. We need not
upset the factual findings made on evidence
invoking revisional power. We, therefore, affirm
the order of the Appellate Authority.
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6. However, we find that both the
authorities awarded 7.5% annual periodical
enhancement. It is not always safe to order
annual increase. The Apex Court in Mohammad
Ahmad and Another v. Atma Ram Chauhan and Others
[2011 (7) SCC 755] had given guildlines for
fixing the fair rent. One of the guidelines is
the enhancement at the rate of 10% on every three
years. In the light of the above judgment, we
modify the impugned order and allow only 10%
increase in every three years.
7. The Rent Control petition was filed in
the year 2012. However, it was decided only on
31.10.2018. Both the authorities allowed fair
rent from the date of petition. This will cast
huge burden on the tenants to pay the arrears of
rent. Section 24 of the Act casts obligation on
the Rent Control Court to pass final orders in
the proceedings before it within four months from
the date of appearance of the parties. This
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mandate often complied in breach.
8. Section 5 of the Act provides provision
for fixation of fair rent. Section 5 reads thus:
"5. Determination of Fair Rent. - (1) The
Rent Control Court shall, on application of
the tenant or landlord of a building, fix the
fair rent for such building after such
enquiry as it thinks fit.
(2) In fixing the fair rent, the Court shall
taken into consideration, the property tax or
house tax fixed for the building at the time
of letting in the property tax register or
house tax register of the authority within
whose area the building is situated.
Provided that in case of -
(i) any residential building, or
(ii) any non-residential building, excepting
a building to which fittings have been
affixed or in which machinery have been
installed and such fittings or machinery have
been excluded from valuation the purpose of
fixing the property tax or house tax by a
local authority.
The fair rent fixed may in proper cases be
lower than but shall in no case exceed by
more than fifteen per cent, the monthly rent
on the basis of which the property tax or
house tax for the building prevailing two
years immediately before the date of the
application was fixed, or if the building was
not assessed to property tax or house tax
before the said period of two years, the
monthly rent on the basis of which the
property tax or house tax prevailing
immediately before the date of the
application was fixed.
(3) If there is no property tax or house tax
fixed for the building or if it is not based
on a rental basis or if the building in an
area which is not a City, Municipality,
Panchayat or in any other local authority,
the fair rent shall be fixed after taking
into consideration the prevailing rates of
rent in the locality for similar
accommodation in similar circumstances during
the twelve months preceding the letting.
(4) In case the allotment of the building is
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made by the Accommodation Controller, he may,
provisionally fix the fair rent for the
building and the Rent Control Court may, on
application by an aggrieved party modify the
fair rent so fixed.
(5) The Rent Control Court shall intimate the
fair rent of the building fixed to the local
authority within whose jurisdiction the
building in respect of which the fair rent
has been fixed is situated. The local
authority on receipt of such intimation shall
make a record of the fair rent fixed in the
register kept for the purpose and shall make
the register available for inspection in such
places and in such manner as may be
prescribed. The register so prepared shall be
kept up-to-date so as to contain full
particulars in regard to the rent fixed in
respect of a building by the Rent Control
Court and also the subsequent variation
thereto made by the said court."
There is nothing in the provision to show that
the statute mandates the rent control court to
fix the fair rent from the date of petition. No
doubt, Court is competent to fix the fair rent
from the date of petition but it is not a
mandatory rule. As seen from the above
provisions the Court can order fixation of rent
from the date of order as well, if circumstance,
so warrant, to fix the rate of fair rent from the
date of order.
9. Though, the party's rights and
obligations are normally determined with
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reference to the date of petition, it is not
necessary that the court should follow the above
rule invariably in all cases. The obligations of
the tenants to pay the rent would arise only when
the rent is determined by the Rent Control Court.
The fair rent fixation by the Rent Control Court
casts obligations on the tenants from the date on
which Court decides. Normally the rate of rent
is fixed by a contract. Through the process of
law fair rent is fixed, in the place of contract.
In that process, the Court cannot make a tenant
to pay the rent by creating obligation with
retrospective date which would render tenancy
itself at stake. The delay in court process
cannot result in a wrong to the tenants,
especially no one has pointed out that the delay
was occasioned by the tenants themselves.
Considering the peculiar facts of the case, we
are of the view that the landlord can claim the
rent at the rate of fair rent fixed by the
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Appellate Authority only from the date of the
order passed by the Rent Controller. We,
accordingly, allow these revision petitions
partly as follows:
(i) We affirm the order fixing the fair rent
of the Appellate Authority.
(ii) We modify the impugned orders allowing
enhancement only on every three years reckoning
from the date of orders in the Rent Control
Petition at 10% of the existing rate at the time
of enhancement.
(iii) We also modify the fixation of fair
rent from the date of petition and allow the
landlord to claim the rent only from the date of
order of the Rent Controller.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
PR
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APPENDIX OF RCREV. 50/2021
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE ORDER IN
I.A.1/2021 IN RCR NO.34/2021 DATED
11.2.2021.
