Usha Ratheesh vs Sajan Varghese
2023 Latest Caselaw 10203 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
                             &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023/30TH BHADRA, 1945
                  RCREV. NO. 201 OF 2023
 AGAINST THE ORDER DATED 20.03.2019 IN RCP NO.19 OF 2016
OF PRINCIPAL MUNSIFF COURT, KOTTAYAM CONCURRING WITH THE
COMMON JUDGMENT IN RCA NO.12 OF 2019 DATED 07.02.2022 OF
            ADDITIONAL DISTRICT COURT,KOTTAYAM
REVISION PETITIONER/1ST APPELLANT/1ST COUNTER PETITIONER:
         USHA RATHEESH, AGED 59 YEARS,W/O. LATE C.D.
         RATHEESAN, CHAMAPARA HOUSE, MARIYATHURUTH P.O.,
         AYMANAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM, PIN -
         686015
          BY ADVS.
          LIJI.J.VADAKEDOM
          TOM E. JACOB
          REXY ELIZABETH THOMAS
          ATHUL V. VADAKKEDOM

RESPONDENTS/RESPONDENTS & APPELLANTS 2 & 3/PETITIONERS &
COUNTER PETITIONERS 2 AND 3:
    1    SAJAN VARGHESE,AGED 61 YEARS, S/O. VARGHESE,
         MADHAVASSERIL HOUSE, MUTTAMBALAM KARA,
         MUTTAMBALAM VILLAGE, KOTTAYAM, PIN - 686004
    2     MINI SAJAN,AGED 55 YEARS, W/O. SAJAN VARGHESE,
          MADHAVASSERIL HOUSE, MUTTAMBALAM KARA,
          MUTTAMBALAM VILLAGE, KOTTAYAM, PIN - 686004
    3     ROHIT RATHEESH,S/O. LATE C.D. RATHEESAN,
          CHAMAPARA HOUSE, MARIYATHURUTH P.O., AYMANAM
          VILLAGE, KOTTAYAM TALUK, KOTTAYAM, PIN - 686015
    4     RENJITH RATHEESH,S/O. LATE C.D. RATHEESAN,
          CHAMAPARA HOUSE, MARIYATHURUTH P.O., AYMANAM
          VILLAGE, KOTTAYAM TALUK, KOTTAYAM, PIN - 686015
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 21.09.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 R.C.Rev.No.201 of 2023                   -:2:-




             P.B.SURESH KUMAR & P.G.AJITHKUMAR, JJ.
                 -----------------------------------------------
                         R.C.Rev.No.201 of 2023
                 -----------------------------------------------
            Dated this the 21st day of September, 2023


                                 ORDER

P.B.Suresh Kumar, J.

One of legal representatives of the deceased tenant in a

proceedings for eviction under the Kerala Buildings (Lease and Rent

Control) Act, 1965 has instituted this revision challenging the

concurrent orders of eviction suffered by them in a proceedings

under Section 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

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 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 petitioner to surrender vacant possession of the

premises on condition that she shall file an unconditional

undertaking before the Rent Control Court within two weeks from

today to vacate the tenanted premises within six months and also

that she 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 she vacates the premises.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Sd/-

P.G.AJITHKUMAR, JUDGE.

ds