Kerala High Court
Joshy vs Saradha Amma on 5 June, 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.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
RCREV. NO. 15 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 30.03.2023 IN RCA NO.93 OF 2016
OF DISTRICT COURT & SESSIONS COURT,THRISSUR ARISING OUT OF THE
ORDER/JUDGMENT DATED 15.12.2015 IN RCP NO.80 OF 2011 OF MUNSIFF
COURT,CHAVAKKAD
REVISION PETITIONER(S)/APPELLANT/RESPONDENT:
JOSHY
AGED 48 YEARS
S/O VAZHAPPILLY KOCHAPPAN, THAIKKAD AMSOM,
NENMINI DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT,
PIN - 680104
BY ADVS.
RAJIT
RAMAKRISHNAN M.N.
RESPONDENT(S)/RESPONDENTS/PETITIONERS:
1 SARADHA AMMA
AGED 69 YEARS
D/O ATHIKKAL AMMU AMMA, GURUVAYUR AMSOM,
CHAVAKKAD TALUK, THRISSUR DISTRICT.,
PIN - 680506 (DECEASED)
2 JAYAN
AGED 48 YEARS
S/O SARADHA AMMA, GURUVAYUR AMSOM,
CHAVAKKAD TALUK, THRISSUR DISTRICT,
REPRESENTED BY SNIGDHA JAYAN, D/O KOODATHINGAL
MOHANAKUMARI & W/O JAYAN, GURUVAYUR AMSOM,
CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN - 680506
3 JAYANTHI
AGED 48 YEARS
W/O PERUNELLI VIDYADHARAN& D/O SARADHA AMMA,
GURUVAYUR AMSOM, CHAVAKKAD TALUK,
RCREV. NO. 15 OF 2024 & conn.cases
-2-
THRISSUR DISTRICT, PIN - 680506
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 05.06.2024, ALONG WITH RCRev..18/2024,
71/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RCREV. NO. 15 OF 2024 & conn.cases
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
RCREV. NO. 18 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 15.12.2015 IN RCP NO.82
OF 2011 OF MUNSIFF COURT,CHAVAKKAD ARISING OUT OF THE
ORDER/JUDGMENT DATED 30.03.2023 IN RCA NO.106 OF 2016 OF
DISTRICT COURT & SESSIONS COURT,THRISSUR
REVISION PETITIONER(S)/APPELLANT/RESPONDENT:
GEORGE
AGED 50 YEARS
S/O MAROKI THOMAKUTTY, ERINGAPURAM AMSOM,
PUTHENPALLI DESOM, CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN - 680104
BY ADVS.
RAJIT
RAMAKRISHNAN M.N.
RESPONDENT(S)/RESPONDENTS/PETITIONERS:
1 SARADHA AMMA
AGED 69 YEARS
D/O ATHIKKAL AMMU AMMA, GURUVAYUR AMSOM,
CHAVAKKAD TALUK, THRISSUR DISTRICT. (DECEASED),
PIN - 680506
2 JAYAN
AGED 48 YEARS
S/O SARADHA AMMA, GURUVAYUR AMSOM, CHAVAKKAD
TALUK, THRISSUR DISTRICT, REPRESENTED BY
SNIGDHA JAYAN, D/O KOODATHINGAL MOHANAKUMARI &
W/O JAYAN, GURUVAYUR AMSOM, CHAVAKKAD TALUK,
RCREV. NO. 15 OF 2024 & conn.cases
-4-
THRISSUR DISTRICT, PIN - 680506
3 JAYANTHI
AGED 48 YEARS
W/O PERUNELLI VIDYADHARAN& D/O SARADHA AMMA,
GURUVAYUR AMSOM, CHAVAKKAD TALUK, THRISSUR
DISTRICT, PIN - 680506
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 05.06.2024, ALONG WITH RCRev..15/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RCREV. NO. 15 OF 2024 & conn.cases
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
RCREV. NO. 71 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 15.12.2015 IN RCP NO.81
OF 2011 OF MUNSIFF COURT,CHAVAKKAD ARISING OUT OF THE
ORDER/JUDGMENT DATED 30.03.2023 IN RCA NO.95 OF 2016 OF
DISTRICT COURT & SESSIONS COURT,THRISSUR
REVISION PETITIONER(S)/APPELLANT/RESPONDENT:
GEORGE
AGED 50 YEARS
S/O MAROKI THOMAKUTTY, ERINGAPURAM AMSOM,
PUTHENPALLI DESOM, CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN - 680104
BY ADV RAJIT
RESPONDENT(S)/RESPONDENTS/PETITIONERS:
1 SARADHA AMMA
AGED 69 YEARS
D/O ATHIKKAL AMMU AMMA, GURUVAYUR AMSOM,
CHAVAKKAD TALUK, THRISSUR DISTRICT. (DECEASED),
PIN - 680506
2 JAYAN
AGED 48 YEARS
S/O SARADHA AMMA, GURUVAYUR AMSOM, CHAVAKKAD
TALUK, THRISSUR DISTRICT, REPRESENTED BY
SNIGDHA JAYAN, D/O KOODATHINGAL MOHANAKUMARI &
W/O JAYAN, GURUVAYUR AMSOM, CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN - 680506
RCREV. NO. 15 OF 2024 & conn.cases
-6-
3 JAYANTHI
AGED 48 YEARS
W/O PERUNELLI VIDYADHARAN& D/O SARADHA AMMA,
GURUVAYUR AMSOM, CHAVAKKAD TALUK, THRISSUR
DISTRICT, PIN - 680506
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 05.06.2024, ALONG WITH RCRev..15/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RCREV. NO. 15 OF 2024 & conn.cases
-7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
RCREV. NO. 19 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 30.03.2023 IN RCA NO.94
OF 2016 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
ARISING OUT OF THE ORDER/JUDGMENT DATED 15.12.2015 IN RCP
NO.83 OF 2011 OF MUNSIFF COURT,CHAVAKKAD
REVISION PETITIONER(S)/APPELLANT/RESPONDENT:
CHANDRIKA
AGED 55 YEARS
D/O MELEPURAKKAL APPU, PALUVAI DESOM,
CHAVAKKAD TALUK, THRISSUR DISTRICT,
PIN - 680522
BY ADVS.
RAJIT
RAMAKRISHNAN M.N.
RESPONDENT(S)/RESPONDENTS/PETITIONERS:
1 SARADHA AMMA
AGED 69 YEARS
D/O ATHIKKAL AMMU AMMA, GURUVAYUR AMSOM,
CHAVAKKAD TALUK, THRISSUR DISTRICT. (DECEASED),
PIN - 680506
2 JAYAN
AGED 48 YEARS
S/O SARADHA AMMA, GURUVAYUR AMSOM, CHAVAKKAD
TALUK, THRISSUR DISTRICT, REPRESENTED BY
SNIGDHA JAYAN, D/O KOODATHINGAL MOHANAKUMARI &
W/O JAYAN, GURUVAYUR AMSOM, CHAVAKKAD TALUK,
RCREV. NO. 15 OF 2024 & conn.cases
-8-
THRISSUR DISTRICT, PIN - 680506
3 JAYANTHI
AGED 48 YEARS
W/O PERUNELLI VIDYADHARAN& D/O SARADHA AMMA,
GURUVAYUR AMSOM, CHAVAKKAD TALUK, THRISSUR
DISTRICT, PIN - 680506
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 05.06.2024, ALONG WITH RCRev..15/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RCREV. NO. 15 OF 2024 & conn.cases
-9-
ORDER
[RCRev. Nos.15/2024, 18/2024, 71/2024, 19/2024]
AMIT RAWAL, J.
1. Four(4) tenants are before us in different Rent
Control Revision Petitions which have been directed
against the concurrent findings of fact, whereby the
eviction petition filed by the respondent landlord on the
ground of bona fide need under 11(3) of the Kerala
Buildings (Lease and Rent Control) Act, 1965 has been
allowed and upheld by the appellate authority.
2. Mr.Rajit, learned counsel for the petitioners
raised several arguments, but prima facie, we are of the
view that those arguments relying upon judgments are
not applicable to the facts and circumstances of these
cases. When we are inclined to dismiss the writ petition,
counsel for the petitioners - tenants sought the
indulgence of this Court for grant of time. We
confronted the counsel that in case of granting of time,
the petitions have to be withdrawn. On instructions from
RCREV. NO. 15 OF 2024 & conn.cases
his clients the counsel has agreed to the same.
Accordingly, all the revision petitions are permitted to be
withdrawn subject to the following conditions:
(i) All the petitioners - tenants in various revision
petitions, who have been on rent at the rate of Rs.1750/-
in R.C.Rev.15 of 2024, Rs.1500/- in R.C.Rev.19 of 2024,
Rs.1200/- in R.C.Rev. 18 of 2024 and Rs.1000 in R.C.Rev.
71 of 2024 shall clear the arrears of rent, which
according to the learned counsel for the respondents, in
R.C.Rev 15 of 2024 are due from May, 2022, R.C.Rev 19
of 2024 from June, 2020 R.C.Rev 18 of 2024 from
August, 2022 and R.C.Rev 71 of 2024 from August, 2022
within a period of one month from the date of
preparation of the certified copy of the order.
(ii) According to the counsel for the landlord the
receipts have been issued as and when the rent was
being tendered. If there is a dispute with regard to the
arrears, one opportunity is granted to both the sides to
RCREV. NO. 15 OF 2024 & conn.cases
appear before the executing court with regard to the
period as noticed above.
(iii) Petitioners - tenants shall file an undertaking
before the Rent Controller within a period of one month
that they shall vacate the premises on or before
04.12.2024 and shall continue to pay the arrears of rent
till such time.
(iv) In case of any default on payment of the
arrears within the period granted or the subsequent
condition of payment of monthly rent, landlord
respondent shall be entitled to seek the eviction in
accordance with law without waiting for the expiry of the
date of 4.12.2024.
The Rent Control Revision Petition stands disposed
of.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
EASWARAN S., JUDGE
vv
