Kerala High Court
Abdul Rahiman vs Anitha on 13 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
RP NO. 917 OF 2021
AGAINST THE ORDER/JUDGMENT IN RCRev. 140/2020 OF HIGH COURT
OF KERALA
REVIEW PETITIONER/APPELLANT/RESPONDENT-TENANT:
ABDUL RAHIMAN,
AGED 62 YEARS,
S/O.P.V.ABDUL KADAR, MUMTAZ HOUSE,
CHAKKANTHARA CITY P.O., PALAKKAD DISTRICT.
BY ADV.ABRAHAM SAMSON
RESPONDENT/RESPONDENT/PETITIONER-LANDLORD:
ANITHA,
AGED 37 YEARS,
W/O.SURESH, LAKSHMI HOUSE, KARNAKI NAGAR,
MOOTHANTHARA, VADAKKANTAHRA AMSOM, PALAKKAD TALUK
AND DISTRICT, 678 012.
SRI.BINOY VASUDEVAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.).No.23 of 2022 2
K.VINOD CHANDRAN &
ZIYAD RAHMAN.A.A, JJ.
---------------------------------------------------------------------------
Review Petition.No.917 of 2021
----------------------------------------------------------------------------
Dated this the 13th day of January, 2022
ORDER
K.Vinod Chandran, J.
The learned counsel for the review petitioner submits
that the Review Petition is not pressed. However, we see that
the order passed by this Court to file an affidavit has not been
done till date. We had given time to the review petitioner to
file the affidavit, which is not done and now a submission is
made that the R.P is not pressed.
2. From the order in the R.C.R., it is seen that the
matter was disposed of on 02.02.2021, in which the
respondent tenant was granted time of one year to vacate the
premises, on filing of an affidavit of undertaking, to
unconditionally vacate the premises, before the Rent Control
Court within four weeks and on paying the entire rent arrears
as also damages for use and occupation for the future
period. An application for extension of time was considered
and allowed till 08.04.2021. In the memorandum of review
petition it is stated that though the petitioner had attempted to
pay the rent arrears to the clerk of the counsel for the
landlord, he refused to accept it for reason of some dispute on
quantum. It is also stated that the tenant was always willing to
deposit the money in court, leaving the disputes regarding the
quantum to be decided later.
3. We are unable to accept the averments made,
especially since nothing stopped the tenant from depositing
the rent arrears before the court; at least that admitted. Even
the affidavit directed to be filed has not been submitted before
the Rent Control Court. When the review petition came up for
consideration, we also gave the review petitioner a further
time of one week to file the affidavit and satisfy the admitted
arrears; for reporting of which we posted the case today.
Today, it is submitted on behalf of the learned counsel for the
review petitioner that the review is being withdrawn, which we
cannot permit. We find this a clear abuse of process of Court.
We dismiss the review petition on merits and further
direct the Rent Control Court to carryout the eviction since the
time granted is no longer applicable as has been specifically
stated in the order in R.C.R, dated 29.03.2021.
Rent arrears have also not been paid. In such
circumstances, there is no reason why the petitioner should be
allowed to continue in the premises. The Court below shall
take steps for eviction expeditiously and report before this
Court. Though we dismiss the matter, we post it on
04.02.2022, for the Court below to report on the proceedings
taken.
Sd/-
(K.VINOD CHANDRAN, JUDGE)
Sd/-
(ZIYAD RAHMAN.A.A, JUDGE)
DG/13.1.22
