M/S. V.P. Textiles vs Chovvakkaran Cheriya Orkatteri ...
2023 Latest Caselaw 13218 Ker

Kerala High Court

M/S. V.P. Textiles vs Chovvakkaran Cheriya Orkatteri ... on 15 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 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA,
                              1945
                    RCREV. NO. 286 OF 2023

AGAINST THE COMMON ORDER DATED 30.08.2017 IN RCP NO.112 OF
   2013 OF RENT CONTROL COURT/MUNSIFF COURT, THALASSERY
 CONCURRING WITH THE COMMON JUDGMENT IN RCA NO.137 OF 2017
   DATED 04.09.2023 OF RENT CONTROL APPELLATE AUTHORITY/
        ADDITIONAL DISTRICT COURT - III, THALASSERY
REVISION PETITIONER/APPELLANT/RESPONDENT:

    1    M/S. V.P. TEXTILES, REPRESENTED PARTNER
         VAYAL PURAYIL USMAN, AGED 72 YEARS,
         MAIN ROAD, THALASSERY, PIN - 670 101.
    2    VAYAL PURAYIL USMAN, AGED 72 YEARS
         S/O. MAMMU HAJI, PARTNER, V.P. TEXTILES,
         MAIN ROAD, THALASSERY, PIN - 670 101.
         BY ADVS.T.P.SAJID, SHIFA LATHEEF,
         SREESHMA B. CHANDRAN, K.P.MOHAMED SHAFI
         MUHAMMED HAROON A.N, HASHARURAHIMAN U,
          & MOHEMED FAVAS.

RESPONDENT/RESPONDENT/PETITIONER:

         CHOVVAKKARAN CHERIYA ORKATTERI RUKHIYA,
         AGED 65 YEARS, D/O. MARIYU, NOW RESIDING AT
         HANAR KAYYAT ROAD, THALASSERY PO,
         THALASSERY TALUK, PIN - 670 101.
         BY SRI.R.PARTHASARATHY (CAVEATOR)

THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 R.C.R. No. 286 of 2023                    2



             P.B.SURESH KUMAR & JOHNSON JOHN, JJ.
                  -----------------------------------------------
               Rent Control Revision No.286 of 2023
                  -----------------------------------------------
           Dated this the 15th day of December, 2023


                                   ORDER

P.B.Suresh Kumar, J.

The tenants in a proceedings for eviction under Sections

11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control)

Act, have instituted this revision challenging the concurrent orders of

eviction suffered by them.

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 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 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.

amk