Damodharan vs Sarala
2023 Latest Caselaw 12701 Ker

Kerala High Court

Damodharan vs Sarala on 1 December, 2023

Author: P.B.Suresh Kumar

Bench: P.B.Suresh Kumar

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
                             &
          THE HONOURABLE MR. JUSTICE JOHNSON JOHN
 FRIDAY, THE 1ST DAY OF DECEMBER 2023 / 10TH AGRAHAYANA,
                           1945
                  RCREV. NO. 258 OF 2023
 AGAINST THE ORDER DATED 31.12.2019 IN RCP NO.37 OF 2016
  OF MUNSIFF COURT,CHAVAKKAD CONCURRING WITH THE COMMON
   JUDGMENT IN RCA NO.104 OF 2019 DATED 30.09.2023 OF
         DISTRICT COURT & SESSIONS COURT, THRISSUR
REVISION PETITIONERS/APPELLANTS/RESPONDENTS:

    1    DAMODHARAN, AGED 73 YEARS
         S/O. VELAPPAN, KANNEMKOTT VEETTIL,
         THRITHALLUR DESOM, VADANAPPILLY VILLAGE,
         CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680619

    2    DASAN @ DEVADASAN, AGED 45 YEARS
         S/O. DAMODHARAN, KANNEMKOTT VEETTIL,
         THRITHALLUR DESOM, VADANAPPILLY VILLAGE,
         CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680619

          BY ADV SAIJO HASSAN



RESPONDENTS/RESPONDENTS/PETITIONERS:

    1    SARALA, AGED 55 YEARS
         W/O. THOTTAPARAMBATH VEETTIL RAJAN,
         THRITHALLUR DESOM, VADANAPPILLY VILLAGE,
         CHAVAKKAD TALUK, PIN - 680619

    2    REJIN, AGED 33 YEARS
         S/O. THOTTAPARAMBATH VEETTIL RAJAN, THRITHALLUR
         DESOM, VADANAPPILLY VILLAGE, CHAVAKKAD TALUK,
         PIN - 680619
 R.C.Rev. No.258 of 2023
                                    -:2:-




     3          RETHIN, AGED 30 YEARS
                S/O. THOTTAPARAMBATH VEETTIL RAJAN,
                THRITHALLUR DESOM, VADANAPPILLY VILLAGE,
                CHAVAKKAD TALUK, PIN - 680619

                BY ADVS.
                T.K.ASOKAN (Therlli)
                RASMI NAIR T.(K/1715/2000)
                K.R.DALLY(K/56/2012)




         THIS     RENT   CONTROL    REVISION   HAVING    COME    UP    FOR
ADMISSION        ON   01.12.2023,    THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 R.C.Rev. No.258 of 2023
                                   -:3:-




          P.B.SURESH KUMAR & JOHNSON JOHN, JJ.
              -----------------------------------------------
                     R.C.Rev. No.258 of 2023
              -----------------------------------------------
         Dated this the 01st day of December, 2023


                               ORDER

P.B.Suresh Kumar, J.

The tenants in a proceedings for eviction under the

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

instituted this revision petition challenging the concurrent orders of

eviction suffered by them in a proceedings under Sections 11(2)(b)

and 11(3) of the Act.

2. After arguing the matter for quite some time,

having convinced that the various arguments raised on behalf of the

petitioners are not acceptable to the court, the learned counsel for

the petitioners prayed for indulgence for a reasonable time to

surrender vacant possession of the premises, which is the subject

matter of the proceedings, to the respondents.

3. Having regard to the facts and circumstances of the

case as also the orders passed in similar and identical revisions, the

rent control revision is disposed of granting six months' time from

today to the petitioners to surrender vacant possession of the

premises on condition that they shall file an unconditional

undertaking before the Rent Control Court within two weeks from

the date of receipt of a copy of this order to vacate the tenanted

premises within six months and also that they shall pay the arrears

of rent, if any, within the aforesaid time limit and continue to pay

the monthly rent on or before the tenth day of every succeeding

month, till they vacate the premises.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Sd/-

JOHNSON JOHN, JUDGE.

ds 01.12.2023