Kerala High Court
Jojo M vs Sasidharan Nair C.R on 8 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 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA,
1945
RCREV. NO. 210 OF 2023
AGAINST THE ORDER DATED 05.01.2023 IN RCP NO.16 OF 2021
OF RENT CONTROL COURT, ALAPPUZHA CONCURRING WITH THE
COMMON JUDGMENT DATED 08.09.2023 IN RCA NO.12 OF 2023 OF
THE RENT CONTROL APPELLATE AUTHROITY/ADDITIONAL DISTRICT
COURT & SESSIONS COURT - II, ALAPPUZHA
REVISION PETITIONER/APPELLANT/RESPONDENT:
JOJO M, AGED 30 YEARS
S/O.JOSEPH M.V, MADACHIKAN HOUSE, AVALOORKUNNU
PO, ALAPPUZHA DISTRICT,, PIN - 688006
BY ADVS.
ARUN MATHEW VADAKKAN
K.X.JOSEPH
N.CHERIAN KURIAN
STEFFY V.J.
JOHNY K. JOHN
RESPONDENT/RESPONDENT/PETITIONER:
SASIDHARAN NAIR C.R., AGED 77 YEARS
S/O RAMAKRISHNA PILLAI, RAMAPURATHU HOUSE,
KAITHAVANA PO, ALAPPUZHA DISTRICT,, PIN - 688524
BY ADVS.
K.S.HARIHARAPUTHRAN
PINKU MARIAM JOSE(K/749/2015)
ANIL KUMAR T.P.(K/001028/2021)
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 08.12.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.C.Rev. No.210 of 2023
-:2:-
P.B.SURESH KUMAR & JOHNSON JOHN, JJ.
-----------------------------------------------
R.C.Rev. No.210 of 2023
-----------------------------------------------
Dated this the 08th day of December, 2023
ORDER
P.B.Suresh Kumar, J.
The tenant in a proceedings for eviction under the Kerala
Buildings (Lease and Rent Control) Act, 1965 (the Act) has instituted
this revision petition challenging the order passed by the Rent
Control Court in the said proceedings under Section 12(3) of the Act,
and the order of the Appellate Authority affirming the said order of
the Rent Control Court.
2. After arguing the matter for quite some time,
having convinced that the various arguments raised on behalf of the
petitioner are not acceptable to the court, the learned counsel for
the petitioner prayed for indulgence for a reasonable time to
surrender vacant possession of the premises, which is the subject
matter of the proceedings, to the respondent.
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 one month's time from
today to the petitioner to surrender vacant possession of the
premises on condition that he shall file an unconditional undertaking
before the Rent Control Court within a week from the date of receipt
of a copy of this order to vacate the tenanted premises within one
month and also that he shall pay the arrears of rent, if any, within
the aforesaid time limit.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Sd/-
JOHNSON JOHN, JUDGE.
ds 04.12.2023
