Kerala High Court
C.V. Francis vs Jameela Sali on 7 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.
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
RCREV. NO. 283 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 25.11.2021 IN RCA NO.14 OF 2019
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI, KOLLAM/V
ADDL.MACT ARISING OUT OF THE ORDER/JUDGMENT DATED 27.02.2019 IN
RCOP NO.11 OF 2017 OF PRINCIPAL MUNSIFF COURT , KOLLAM
REVISION PETITIONER(S)/APPELLANTS/COUNTER PETITIONERS:
1 C.V. FRANCIS
AGED 64 YEARS,
S/O C.V. VARAPPAN,
RESIDING AT WARD NO. II,
MARATHIKKARA VILLAGE,
PUTHOOR PANCHAYAT,
THRISSUR TALUK., PIN - 680014
2 C.V. JOHNSON
AGED 58 YEARS,
S/O C.V. VARAPPAN,
FROM WARD NO. II,
MARATHIKKARA VILLAGE,
PUTHOOR PANCHAYAT, THRISSUR TALUK,
NOW RESIDING AT NRA-128A, CUTCHERY P.O.,
CUTCHERY WARD, KOLLAM WEST VILLAGE,
KOLLAM TALUK., PIN - 691013
3 C.V. ANTO
AGED 55 YEARS
S/O C.V. VARAPPAN,
FROM WARD NO. II,
MARATHIKKARA VILLAGE,
PUTHOOR PANCHAYAT,
THRISSUR TALUK,
NOW RESIDING AT MRA-16A,
VELLAYITTAMBALAM,
KOLLAM WEST VILLAGE,
KOLLAM TALUK., PIN - 691003
BY ADV K.G.BINDU
RCREV. NO. 283 OF 2023
2
RESPONDENT(S)/RESPONDENT/PETITIONER:
JAMEELA SALI
AGED 69 YEARS,
W/O MUHAMMED SALI,
RESIDING AT LEPERI HOUSE,
AALISSERIYIL WARD,
NEAR COLLECTRATE, ALAPPUZHA WEST VILLAGE,
ALAPPUZHA DISTRICT, PIN - 688012
BY ADV G.HARIKUMAR (GOPINATHAN NAIR)
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RCREV. NO. 283 OF 2023
3
ORDER
Amit Rawal, J.
1. Learned counsel for the petitioners does not press
the petition on merits realising that the court is not inclined to
allow the Revision and prays for the withdrawal of the petition
with alternative prayer for granting six months' time to vacate
the premises.
2. Learned counsel for the respondent-landlady, who is
present in Court submitted that petition is of 2014 and
therefore, time cannot be granted, at the best four months' can
be granted.
3. We have heard the learned counsel for the parties
and appraised the paper book. Since the petitioners have
agreed to withdrawn the petition and the scheduled building is a
commercial one and considering the nature of the business
being undertaken, we grant six (6) months' time to vacate the
premises with the following conditions:
I. The arrears of rent, if any, shall be cleared within a
period of one month.
RCREV. NO. 283 OF 2023
II. Petitioners-tenants shall pay the market rent of
Rs.5000/- (Rupees five thousand only) from
01.06.2024 till 06.12.2024.
III. Petitioners-tenants shall file an undertaking
within a period of one month containing the
aforementioned conditions and vacation of the premises
on before 06.12.2024.
IV. In the case of any default in the conditions
aforementioned vis-a-vis payment of the enhanced rent
for two months or non filing of the undertaking or non
payment of the arrears of rent, respondent-landlady
shall be entitled to seek ejectment/possession in
accordance with law.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
nak
RCREV. NO. 283 OF 2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE CORONARY ANGIOGRAPHY
REPORT DATED 30/04/2020 ISSUED FROM
BISHOP BENZIGER HOSPITAL, KOLLAM
Annexure A2 TRUE COPY OF DISCHARGED ON 05/05/2020
FROM THE HOSPITAL AND THE DISCHARGE
SUMMARY DATED 05/05/2020 ISSUED FROM
THE DEPARTMENT OF CARDIOLOGY
Annexure A3 TRUE COPY OF THE TREATMENT FOR FEVER
AND COUGH AND FOR OTHER AILMENTS.
DISCHARGE SUMMARY DATED 08/10/2020
Annexure A4 TRUE COPY OF THE DENGUE FEVER, CORONARY
ARTERY DISEASE AND CUTE BRONCHITIES AND
UNDERGOING TREATMENT. DISCHARGE SUMMARY
DATED 09/07/2022 ISSUED FROM BISHOP
BENZIGER HOSPITAL, KOLLAM
Annexure A 5 TRUE COPY OF THE PRESCRIPTION DATED
18/09/2023 ISSUED BY DR. JOSEPH CARDOZ,
CARDIOLOGIST OF BISHOP BENZIGER
HOSPITAL, KOLLAM
