Kerala High Court
Vasantha vs Saidali Haji on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
RCREV. NO. 80 OF 2023
AGAINST THE JUDGMENT IN RCA NO.26 OF 2021 OF THE RENT
CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT COURT),
TIRUR CONCURRING WITH THE COMMON ORDER IN RCP NO.34 OF 2018
OFTHE RENT CONTROL COURT (MUNSIFF COURT), TIRUR
REVISION PETITIONER/APPELLANT/RESPONDENT:
VASANTHA
AGED 57 YEARS
W/O. JAYANANDHAN, PADIKKAPARAMBIL HOUSE,
IRINGAVUR AMSOM DESOM, P.O. IRINGAVUR,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676103
BY ADVS.
K.P.SUDHEER
J.RAMKUMAR
RESPONDENTS/RESPONDENTS/PETITIONERS:
1 SAIDALI HAJI, AGED 68 YEARS
S/O. MOHAMED, PARANGODATH HOUSE,
CHERIYAMUNDAM AMSOM DESOM, P.O. CHERIYAMUNDAM,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676111
2 IBRAHIM, AGED 68 YEARS
S/O. MAMMED, PALAPPERRY HOUSE, TIRUR AMSOM, KOTT
DESOM P.O. TIRUR, TIRUR TALUK, MALAPPURAM
DISTRICT, PIN - 676101
R.C.Rev. Nos.80 & 82 of 2023 2
BY ADV Jamsheed Hafiz
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 12.04.2023, ALONG WITH RCRev..82/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.C.Rev. Nos.80 & 82 of 2023 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
RCREV. NO. 82 OF 2023
AGAINST THE JUDGMENT IN RCA NO.25 OF 2021 OF THE RENT
CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT COURT),
TIRUR CONCURRING WITH THE COMMON ORDER IN RCP NO.25 OF 2019
OF THE RENT CONTROL COURT (MUNSIFF COURT), TIRUR
REVISION PETITIONER/APPELLANT/RESPONDENT:
VASANTHA
AGED 57 YEARS
W/O. JAYANANDHAN, PADIKKAPARAMBIL HOUSE, IRINGAVUR
AMSOM DESOM, P.O. IRINGAVUR, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN - 676103
BY ADVS.
K.P.SUDHEER
J.RAMKUMAR
RESPONDENTS/RESPONDENTS/PETITIONERS:
1 SAIDALI HAJI
AGED 68 YEARS
S/O. MOHAMED, PARANGODATH HOUSE, CHERIYAMUNDAM
AMSOM DESOM, P.O. CHERIYAMUNDAM, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN - 676111
R.C.Rev. Nos.80 & 82 of 2023 4
2 IBRAHIM
AGED 68 YEARS
S/O. MAMMED, PALAPPERRY HOUSE, TIRUR AMSOM, KOTT
DESOM P.O. TIRUR, TIRUR TALUK, MALAPPURAM
DISTRICT, PIN - 676101
BY ADV Jamsheed Hafiz
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 12.04.2023, ALONG WITH RCRev..80/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.C.Rev. Nos.80 & 82 of 2023 5
R.C.Rev. Nos.80 & 82 of 2023
-----------------------------------------------
Dated this the 12th day of April, 2023
ORDER
When these revision petitions came up for admission on
05.04.2023, we passed the following order:
"After having argued the matter for quite sometime,
having convinced that the arguments advanced on behalf of the
petitioner are not acceptable to the Court, the learned counsel
for the petitioner prayed for indulgence to surrender vacant
possession of the building which is the subject matter of the
proceedings to the respondents.
In the light of the said submission, the registry is directed
to issue notice before admission by special messenger to the
respondents.
Post on 11.04.2023."
2. Today, when the matters were taken up, the learned
counsel for the respondents submitted that the building which is the
subject matter of the proceedings has already been delivered over to
the respondents in execution of the order of eviction impugned in the
appeal.
3. In the light of the said development, we are unable to
grant time to the petitioner to surrender vacant possession of the
building.
4. The learned counsel for the petitioner submits that
when the building was delivered over to the respondents, the
petitioner was not permitted to remove her movables therefrom.
5. The learned counsel for the respondents submits that
the respondents have no objection in permitting the petitioner to
remove her movables.
In the light of the submissions aforesaid, the revision
petitions are disposed of permitting the petitioner to remove her
movables from the building on any day, within ten days. Needless to
say, if a request is made in this regard by the petitioner, the
respondents shall permit her to do so.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Sd/-
SOPHY THOMAS, JUDGE.
ds 12.04.2023
