Dinsily vs Ponmannichindakath Sulaikha
2024 Latest Caselaw 15913 Ker

Kerala High Court

Dinsily vs Ponmannichindakath Sulaikha on 6 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.
       THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                        RCREV. NO. 76 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 23.06.2023 IN RCA NO.7 OF 2023 OF
ADDITIONAL DISTRICT COURT (ADHOC), KOZHIKODE ARISING OUT OF THE
ORDER/JUDGMENT DATED 27.10.2022 IN RCP NO.78 OF 2019 OF ADDITIONAL
MUNSIFF COURT ,KOZHIKODE-I
REVISION PETITIONER(S)/APPELLANTS IN RCA/RESPONDENT NO.1,3 TO 5 IN
RCP:

       1    DINSILY
            AGED 62 YEARS
            S/O. FRANCIS, KOLONTHAVALLAPIL HOUSE,
            C/O.TOPMOST TAILORING, NEAR TOPFORM RESTAURANT,
            S.M.STREET, NAGARAM AMSOM DESOM,
            KOZHIKODE, PIN - 673001

       2    SHIMJI.P
            AGED 50 YEARS
            W/O. LATE P.GANESAN, PALATTU HOUSE, KUZHIPURATH,
            POOTHAKANDY, KUNNAMANGALAM, KOZHIKODE, PIN - 673571

       3    SAURAV
            AGED 24 YEARS
            S/O. LATE P.GANESAN, PALATTU HOUSE, KUZHIPURATH,
            POOTHAKANDY, KUNNAMANGALAM, KOZHIKODE, PIN - 673571

       4    MEGHAM
            AGED 22 YEARS
            D/O. LATE P.GANESAN, PALATTU HOUSE, KUZHIPURATH,
            POOTHAKANDY, KUNNAMANGALAM, KOZHIKODE, PIN - 673571

            BY ADVS.
            K.M.FIROZ
            M.SHAJNA
            E.C.AHAMED FAZIL
 RESPONDENT(S)/RESPONDENT IN RCA/PETITIONER IN RCP:

          PONMANNICHINDAKATH SULAIKHA
          AGED 69 YEARS
          W/O. OJINTAKATH ESSAKOYA, D/O. PONNAMBATH IMBICHIKOYA,
          KACHERI AMSOM DESOM, ERAHIPALAM P.O., KOZHIKODE TALK,
          673006, REPRESENTED BY HER POWER OF ATTORNEY HOLDER
          S.V. ANDUL NAZAR, AGED 58, S/O. HASSAN KOYA, PA HOUSE,
          9/401, GUNNY STREET, KOZHIKODE, PIN - 673001

        THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RCREV. NO. 76 OF 2024        -3-



                            ORDER

AMIT RAWAL, J.

1. This Revision is filed against concurrent findings of

fact whereby, the petitioners - tenants have not been

successful in defending the ejectment petition before the

Rent Controller and also before the appellate authority.

2. Learned counsel for the petitioners, during the

course of hearing, seeks indulgence of this Court for

withdrawal of the petition by seeking reasonable time to

vacate the premises subject to any terms and conditions

which this Honorable Court deems it appropriate.

3. On the other hand, counsel for the respondent -

landlord submitted that a period of six(6) months would be

more as Rent Petition was filed way back in 2019, almost

five(5) years have already gone by.

4. We have heard learned counsel for the parties and

appraised the paper book.

5. By permitting the petitioners to withdraw the

petition, we grant six(6) months time to vacate the premises

subject to the condition that the petitioners-tenants shall

clear the arrears of the rent if any i.e., at the rate of

Rs.3950/- (Rupees Three thousand nine hundred and fifty

only). From 01.06.2024 onwards, shall continue to pay the

rent at the rate of Rs.7,000/- (Rupees Seven thousand only)

per month and shall vacate the premises on or before

05.12.2024. In case there are two(2) defaults of the rent fixed

by this Court for the aforementioned period, respondent -

landlord shall be entitled to seek the eviction in accordance

with law. An undertaking to the aforementioned effect shall

be filed by the petitioners - tenants before the Rent

Controller within a period one month from the date of receipt

of a certified copy of this order.

Revision is dismissed as withdrawn.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S. JUDGE vv