Paul S/O Varghese vs Lakshmi D/O Bhavani Amma
2024 Latest Caselaw 19235 Ker

Kerala High Court

Paul S/O Varghese vs Lakshmi D/O Bhavani Amma 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. 133 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 30.03.2023 IN RCP NO.7 OF 2020 OF
MUNSIFF    COURT,ALUVA   ARISING    OUT   OF   THE   ORDER/JUDGMENT   DATED
12.04.2024 IN RCA NO.16 OF 2023 OF ADDITIONAL DISTRICT COURT &
MOTOR ACCIDENT CLAIMS TRIBUNAL , NORTH PARAVUR.


REVISION PETITIONER(S)/APPELLANT/RESPONDENT:

             PAUL S/O VARGHESE
             AGED 60 YEARS
             MARANGADAN PUTHUSSERY HOUSE, POKKATTUSSERY KARA,
             NEDUMBASSERY VILLAGE, ALUVA TALUK, ERNAKULAM D,
             PIN: 683578 CONDUCTING BUSINESS AT 3/429 GOLD LOAN
             SHOP, ADJACENT ROOM TO SARATHI SHOPPING CENTRE, (NEAR
             INDIAN BANK), ATHANI - MANJALI - PARAVOOR ROAD,
             CHENGAMANAD PANCHAYATH, CHENGAMANAD VILLAGE,
             ALUVA TALUK, ERNAKULAM DT, PIN: 683578, PIN - 683578

             BY ADV K.G.BALASUBRAMANIAN


RESPONDENT(S)/RESPONDENTS/PETITIONER:

             LAKSHMI D/O BHAVANI AMMA
             AGED 50 YEARS
             W/O BINOD G, SAI VIHAR, CHENGAMANAD,
             PRESENTLY RESIDING AT ANJANAM HOUSE, SWARGAM ROAD,
             DESOM PO, ALUVA , ERNAKULAM DT, PIN - 683102

             BY ADV M.P.RAMNATH(K/935/1998) (CAVEATOR)


     THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
01.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RCREV.133/24 & Cav.575/24
                               2



                          JUDGMENT

(Caveat O.P.No.575 of 2024 & R.C.Rev.No.133 of 2024)

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.7 of 2020 preferred by

the respondents-landlords for seeking the eviction on the

ground of personal necessity has been upheld.

2. Anticipating the Revision, respondent landlord had

filed the Caveat.

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

illegality or perversity in the order impugned. 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 Revision with the

following conditions:

I) Tenant will vacate the premises on or before

03.2.2025 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 this judgment.

II) Tenant is directed to file an undertaking to this

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.

IV) 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.

Caveat stands closed and the Revision stands

dismissed as withdrawn.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S. JUDGE nak