Kerala High Court
Sunny Varghese vs T.J. Abraham 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
OP (RC) NO. 153 OF 2023
AGAINST EP NO.209 OF 2018 OF PRINCIPAL MUNSIFF COURT ,
KOTTAYAM
PETITIONER/JUDGMENT DEBTOR/COUNTER PETITIONER :
SUNNY VARGHESE
AGED 82 YEARS
S/O. LATE VARGHESE, RESIDING AT PUTHUPRAMBIL HOUSE,
PARK LANE, KOTTAYAM P.O., KOTTAYAM VILLAGE.,
PIN - 686001
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
RAJASREE T.R.
ROSHIN MARIAM JACOB
RESPONDENTS/DECREE HOLDERS/ORIGINAL PETITIONERS :
1 T.J. ABRAHAM
AGED 69 YEARS
S/O. MANI JOSHUA, THANNICKAL HOUSE,
COLLEGE ROAD, KOTTAYAM, MUTTAMBALAM,
VILLAGE, KOTTAYAM TALUK., PIN - 686004
2 T.J. MANI
AGED 80 YEARS, S/O. T.J. JOSHUA,
THANNICKAL HOUSE, COLLEGE ROAD, KOTTAYAM,
OP (RC) NO. 153 OF 2023
2
MUTTAMBALAM, VILLAGE, KOTTAYAM TALUK.,
PIN - 686004
3 T.J. THOMAS, AGED 74 YEARS
S/O. T.J. JOSHUA, THANNICKAL HOUSE, COLLEGE ROAD,
KOTTAYAM, MUTTAMBALAM, VILLAGE, KOTTAYAM TALUK.,
PIN - 686004
BY ADVS.
C.S.MANILAL
S.NIDHEESH(K/1061/2007)
THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (RC) NO. 153 OF 2023
3
AMIT RAWAL & EASWARAN S. , JJ.
-------------------------
O.P.(R.C.) No.153 of 2023
-----------------------------------
Dated this the 5th day of June 2024
JUDGMENT
AMIT RAWAL, J.
Previous order passed by this Court has been complied. The
arrears of rent as noticed has been paid and acknowledged by the
learned counsel representing the respondents/landlords.
2. Mr.Haridas, the learned counsel appearing on behalf of the
petitioner/tenant submitted that the three other tenants occupying
the other rooms have undertaken to vacate the premises as and
when the respondents/landlords initiate steps for demolition of
building as eviction under Section 11(4) of the Kerala Building
(Lease and Rent) Control Act, 1965 has already attained finality. It
is also submitted that the petitioner/tenant also will vacate the
premises in the same terms as undertaken by the other tenants.
3. Sri. C.S. Manilal, the learned counsel appearing on behalf
of the respondents/landlords, on instructions, submitted that
though the demolition can be commenced within one month but has
OP (RC) NO. 153 OF 2023
not been able to obtain instructions as to whether the landlords
have the necessary permissions.
4. We thus grant time to the petitioner/tenant to vacate the
premises till the respondents/landlords obtain permission for
demolition and get the site plan approved for raising the new
construction. On obtaining the said permission, intimation will be
sent to the petitioner herein and other three tenants. On receipt of
information respondent will vacate the premises within a period of
one month thereafter. The petitioner/tenant shall file an undertaking
to the aforementioned effect before the Rent Controller within a
period of fifteen days from the date of receipt of a copy of this
judgment.
Original petition stands disposed of.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
NS EASWARAN S., JUDGE
OP (RC) NO. 153 OF 2023
APPENDIX OF OP (RC) 153/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER OF RC REV. NO.
180/2011 AND 196/2011 DATED 21/10/2022 OF
THIS HON'BLE COURT
Exhibit P2 TRUE COPY OF THE E.P.NO. 209/2018 IN RCP
NO. 49/2017 DATED 5/12/2018 BEFORE THE
PRINCIPAL MUNSIFF COURT, KOTTAYAM FILED BY
THE RESPONDENTS
Exhibit P3 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN R.C.REV. NO. 107/2020 DATED
27/11/2020
Exhibit P4 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER IN EA NO. 2/2023 IN EP NO.
209/2018 IN RCP NO. 49/2017 BEFORE THE
PRINCIPAL MUNSIFF, KOTTAYAM DATED 8/9/2023
Exhibit P5 TRUE COPY OF THE PETITION FILED BY THE
RESPONDENTS IN EA NO. 3/2023 IN EP NO.
209/2019 IN RCP NO. 49/2017 DATED 8/9/2023
Exhibit P6 TRUE COPY OF THE ORDER IN RCP NO. 49/2017
DATED 26.09.2018 OF PRINCIPAL RENT CONTROL
COURT, KOTTAYAM
Exhibit P7 TRUE COPY OF I.A.NO. 1 OF 2023 IN RCP
NO.49/2017 DATED 27.09.2023 BEFORE THE
PRINCIPAL RENT CONTROL COURT, KOTTAYAM
Exhibit P8 TRUE COPY OF THE RECEIPT OF DEPOSIT OF
ARREARS OF RENT OF AN AMOUNT OF RS.
77,487/- DATED 10.06.2019
Exhibit P9 TRUE COPY OF THE MEMO SUBMITTED BY THE
PETITIONER IN RCP NO.49/2017 BEFORE THE
PRINCIPAL RENT CONTROL COURT, KOTTAYAM
DATED 11.06.2019
OP (RC) NO. 153 OF 2023
Exhibit P10 TRUE COPY OF THE MEMO SUBMITTED BY THE
PETITIONER INTIMATING THE DEPOSIT OF
RS.1,74,663/- BEFORE THE PRINCIPAL RENT
CONTROL COURT, KOTTAYAM IN RCP NO. 49/2017
DATED 14.12.2020
Exhibit P11 TRUE COPY OF THE MEMO SUBMITTED BY THE
PETITIONER INTIMATING THE DEPOSIT OF RS.
1,74,663/- BEFORE THE PRINCIPAL RENT
CONTROL COURT, KOTTAYAM IN RCP NO.49/2017
DATED 15.01.2021
Exhibit P12 TRUE COPY OF THE MEMO SUBMITTED BY THE
PETITIONER INTIMATING THE DEPOSIT OF RS.
1,74,663/- BEFORE THE PRINCIPAL RENT
CONTROL COURT, KOTTAYAM IN RCP NO. 49/2017
DATED 15.02.2021
Exhibit P13 TRUE COPY OF THE MEMO SUBMITTED BY THE
PETITIONER INTIMATING THE DEPOSIT OF RS.
1,74,663/- BEFORE THE PRINCIPAL RENT
CONTROL COURT, KOTTAYAM IN RCP NO. 49/2017
DATED 15.03.2021
Exhibit P14 TRUE COPY OF THE MEMO SUBMITTED BY THE
PETITIONER INTIMATING THE DEPOSIT OF RS.
1,74,663/- BEFORE THE PRINCIPAL RENT
CONTROL COURT, KOTTAYAM IN RCP NO. 49/2017
DATED 15.04.2021
Exhibit P15 TRUE COPY OF THE MEMO SUBMITTED BY THE
PETITIONER INTIMATING THE DEPOSIT OF RS.
1,74,663/- BEFORE THE PRINCIPAL RENT
CONTROL COURT, KOTTAYAM IN RCP NO. 49/2017
DATED 14.05.2021
Exhibit P16 TRUE COPY OF THE ORDER IN EP NO.209/2018
DATED 04/09/2023 OF PRINCIPAL MUNSIFF
COURT, KOTTAYAM
Exhibit P17 TRUE COPY OF THE INTERIM ORDER OF STAY IN
IA NO.302/2019 IN RCA NO.3/2019 OF
OP (RC) NO. 153 OF 2023
ADDL.RENT CONTROL APPELLATE AUTHORITY -I,
KOTTAYAM DATED 09.04.2019
Exhibit P18 TRUE COPY OF THE I.A. NO.1/2023 IN RCP NO.
49/2017 DATED 27/09/2023 BEFORE THE
PRINCIPAL RENT CONTROL COURT, KOTTAYAM
