P.Chandran vs Arunachalam Pillai
2024 Latest Caselaw 12913 Ker

Kerala High Court

P.Chandran vs Arunachalam Pillai on 22 May, 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 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                           RCREV. NO. 91 OF 2021
AGAINST   THE   ORDER/JUDGMENT         DATED     IN   RCA     NO.28   OF    2015    OF
ADDITIONAL      DISTRICT       COURT         &   SESSIONS        COURT      -      IV,
THIRUVANANTHAPURAM     /   I    ADDITIONAL        MACT      ARISING   OUT   OF     THE
ORDER/JUDGMENT DATED IN RCP NO.8 OF 2011 OF I ADDITIONAL MUNSIFF
COURT, THIRUVANANTHAPURAM
REVISION PETITIONER:

             P.CHANDRAN
             AGED 60 YEARS
             S/O.PONNU REDDIAR, HOTEL ARATHI, CHOORAKKATTUPALAYAM,
             THYCAUD VILLAGE, CHALA P.O., THIRUVANANTHAPURAM - 695
             036.

             BY ADVS.
             S.V.BALAKRISHNA IYER (SR.)
             P.B.SUBRAMANYAN
             SABU GEORGE
             P.B.KRISHNAN



RESPONDENT:

             ARUNACHALAM PILLAI
             AGED 72 YEARS
             S/O.VEERABHAHU PILLAI, RESIDING AT VIGNESWAR, THALAYAL
             DESOM, (VADAKKEVILA), BALARAMAPURAM, ATHIOYANNOOR
             VILLAGE, THIRUVANANTHAPURAM - 695 501.

             BY ADV G.S.REGHUNATH




     THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RCREV. NO. 91 OF 2021
                                 2




                           ORDER

1. Petitioner, tenant is in revision petition against the order

of the appellate authority dated 8.7.2019 whereby the rent

controller had dismissed the petition filed under Sections 11(2) (b)

and 11(3) of the Kerala Buildings (Lease and Rent Control) Act.

After arguing for some time we have raised the certain queries

which the learned counsel for the petitioner prima facie did not agree

with. Faced with the situation, he seeks indulgence of this Court to

grant him for a period of one year by seeking the permission to

withdraw the petition.

2. Counsel representing the landlord submits that already

he has faced lot and during the interregnum has also lost the son

owing to the ailment but is not averse to grant him reasonable time

subject to payment of market rent.

3. We have heard the learned counsel for the parties.

Noticing the contentions, we permit the petition to be withdrawn

with a condition that the petitioner-tenant would clear all the

arrears commencing from 1.6.2024 and vacate the premises within

eight months ie., on 31.1.2025. However the rate of rent from June

1st would be Rs.5000/- per month.

RCREV. NO. 91 OF 2021

4. The petitioner-tenant shall clear all the arrears of rent @

Rs.2750/- which according to the counsel for the respondent-

landlord is of more than two years. Eviction order shall remain

stayed subject to the condition that the petitioner-tenant shall clear

all the arrears of rent within a period of one month from the date of

receipt of a certified copy of the order and shall also continue to pay

the market rent of Rs.5000/- from 1 st of June 2024 onwards. In case

the arrears are not cleared within the time limit, the respondent-

landlord shall be entitled to seek the eviction in accordance with

law.

SD/-

AMIT RAWAL JUDGE

SD/-

sab                                          EASWARAN S.
                                                JUDGE