K S Soman vs Mohan Babu
2024 Latest Caselaw 19225 Ker

Kerala High Court

K S Soman vs Mohan Babu on 1 July, 2024

Author: Amit Rawal

Bench: Amit Rawal

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                 &
              THE HONOURABLE MR. JUSTICE EASWARAN S.
       MONDAY, THE 1ST DAY OF JULY 2024 / 10TH ASHADHA, 1946
                      RCREV. NO. 121 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 07.03.2024 IN RCA NO.13 OF 2023
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III, ALAPPUZHA /
III ADDITIONAL MACT, ALAPPUZHA ARISING OUT OF THE ORDER/JUDGMENT
IN RCP NO.17 OF 2019 OF PRINCIPAL MUNSIFF COURT, CHERTHALA


REVISION PETITIONER(S)/APPELLANT/RESPONDENT:

          K S SOMAN
          AGED 72 YEARS
          S/O KUTTAPPAN, KALATHIL VEEDU,
          NEAR GOVERNMENT HIGHER SECONDARY SCHOOL,
          KANNANKARA.P.O., THANNEERMUKKOM NORTH VILLAGE,
          CHERTHALA, ALAPPUZHA, PIN - 688527

          BY ADV ARAVIND GHOSH



RESPONDENT(S)/RESPONDENT/PETITIONER:

          MOHAN BABU
          AGED 67 YEARS
          S/O SANKARA DAS, MOHANALAYAM, THANNEERMUKKOM.P.O.,
          THANNEERMUKKOM MURI, THANNEERMUKKOM NORTH VILLAGE,
          CHERTHALA, ALAPPUZHA, PIN - 688527

          BY ADV VISHNURAJ


          SRI. VISHNU RAJ SUGATHAN FOR RESPONDENT


     THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
01.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RCREV. NO. 121 OF 2024
                               2


                         JUDGMENT

Amit Rawal, J.

1. Petitioner-tenant is in Revision petition against the

judgment of the Rent Control Appellate Authority whereby the

order of the rent petition bearing No.17 of 2019 preferred by

the respondents-landlords for seeking the eviction on the

ground of personal necessity has been upheld.

2. After arguing for some time, we also do not find any

illegality or perversity in the order. Faced with the situation,

counsel for the petitioner seeks liberty of this court for

withdrawal of the petition asking for reasonable time to

vacate. Liberty is granted to withdraw the petition with the

following conditions:

I) Tenant will vacate the premises on or before

03.02.2024 and continue to pay the rent till the

vacation of the premises and shall also clear all the

arrears, if any within a period of one month from the

date of receipt of a certified copy of the judgment.

II) Tenant is directed to file an undertaking to this RCREV. NO. 121 OF 2024

effect before the Rent Controller within a period of one

month from today.

III) Till such time, the order of eviction is ordered to

be kept in abeyance.

In case of any default of the aforementioned

conditions or two subsequent defaults in paying the

rent, respondent-landlord shall be entitled to seek the

eviction in accordance with law.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S. JUDGE nak