Nellikkottu Kunnummal Musthafa vs Porathe Peedikayil Imbichi Fathima
2024 Latest Caselaw 18618 Ker

Kerala High Court

Nellikkottu Kunnummal Musthafa vs Porathe Peedikayil Imbichi Fathima on 27 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 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
                        RCREV. NO. 116 OF 2024
AGAINST THE ORDER DATED 23.02.2022 IN RCP NO.35 OF 2018 OF MUNSIFF
COURT, QUILANDY ARISING OUT OF THE JUDGMENT DATED 30.10.2023 IN
RCA NO.32 OF 2022 OF ADDITIONAL DISTRICT COURT KOZHIKODE-III / II
ADDITIONAL MACT, KOZHIKODE
REVISION PETITIONER(S)/APPELLANT IN RCA/RESPONDENT IN RCP:

            NELLIKKOTTU KUNNUMMAL MUSTHAFA
            AGED 62 YEARS
            S/O. AHAMMED KUNHI, PANTHALAYANI AMSOM AND DESOM,
            KOYILANDY TALUK, KOZHIKODE, PIN - 673305

            BY ADVS.
            V.V.SURENDRAN
            P.A.HARISH
            SANIKA.V.S.
            DONA PAUL



RESPONDENT(S)/RESPONDENT/PETITIONER IN RCP:

            PORATHE PEEDIKAYIL IMBICHI FATHIMA
            AGED 70 YEARS
            D/O. KUNHAMMED KUTTY, PANTHALAYANI AMSOM AND DESOM,
            KOYILANDY TALUK,KOZHIKODE -, PIN - 673305

            BY ADVS.
            SANTHARAM.P
            REKHA ARAVIND(K/2130/1999)
            P.G.GOKULNATH(K/000170/2017)


     THIS   RENT   CONTROL   REVISION   HAVING   BEEN   FINALLY   HEARD   ON
27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RCREV. NO. 116 OF 2024
                                     2

                              JUDGMENT

Amit Rawal, J.

1. Petitioner-tenant in Revision petition is against the judgment

of the Rent Control Appellate Authority whereby the order of the

rent petition bearing No.35 of 2018 preferred by the respondents-

landlords for seeking the eviction on the ground of personal

necessity has been upheld.

2. After arguing for some time, we also do not find any illegality

or perversity in the order. 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 petition with the following conditions:

i). Tenant will vacate the premises within six months from today

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 the judgment

ii). Tenant is directed to file an undertaking to this effect before

the Rent Controller within a period of one month from today.

3. Till such time, the order of eviction is ordered to be kept in

abeyance.

RCREV. NO. 116 OF 2024

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.

Sd/-

AMIT RAWAL JUDGE

Sd/-

sab                                          EASWARAN S.
                                                 JUDGE