Kerala High Court
Vasantham Silks vs Chunkath Enterprises on 23 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.
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
OP (RC) NO. 110 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 01.06.2023 IN RCP NO.84 OF 2015
OF RENT CONTROL COURT, CHAVAKKAD
PETITIONER/1ST RESPONDENT:
VASANTHAM SILKS
GURUVAYUR ROAD, KUNNAMKULAM, REPRESENTED BY MANAGING
PARTNER) K.V. KHADAR ASEES, AGED 65 YEARS,
S/O. CHUNNATTUVEETTIL V.C. KHADAR,
PALUVAIAMSOM AND DESOM,
CHAVAKKADTALUK, PIN - 680503
BY ADVS.
A.PARVATHI MENON
P.SANJAY
BIJU MEENATTOOR
PAUL VARGHESE (PALLATH)
P.A.MOHAMMED ASLAM
KIRAN NARAYANAN
RAHUL RAJ P.
RESPONDENTS/PETITIONR 1 TO 4 AND RESPONDENT 2 IN RCP:
1 CHUNKATH ENTERPRISES
(PARTNERSHIP), KUNNAMKULAM, REPRESENTED BY PARTNERS)
E.J. AMMINI, W/O. CHUNKATHDR. C.L. JOSE,
KUNNAMKULAM VILLAGE AND DESOM,
THALAPILLYTALUK (PROGENY OF E.J. AMMINI),
PIN - 680503
2 BIJU C.J.
REPRESENTED BY POWER OF ATTORNEY HOLDER DR.SIBI JOSE
CHUNGATH, KUNNAMKULAM, VILLAGE AND DESOM,
THALAPILLYTALUK, PIN - 680503
3 DR.SIJU JOSE CHUNGATH
KUNNAMKULAM, VILLAGE AND DESOM,
THALAPILLYTALUK, PIN - 680503
OP (RC) NO. 110 OF 2023
2
4 SIBI JOSE CHUNGATH
KUNNAMKULAM, VILLAGE AND DESOM,
THALAPILLYTALUK, PIN - 680503
5 N. K.ABDUL RAHIMAN
AGED 69 YEARS, S/O. MOOSA,
NALAKATHKURUVAKUZHIVEEDU,PUNNA, CHAVAKKAD,
PIN - 680506(PARTNER, VASANTHAM SILKS, GURUVAYUR
ROAD, KUNNAMKULAM
BY ADVS.
ANIL KUMAR M
PREETHI K.PURUSHOTHAMAN(K/000485/1998)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (RC) NO. 110 OF 2023
3
JUDGMENT
Amit Rawal, J.
1. Order dated 01.06.2023 directing petitioner/tenant to
pay arrears of rent under Section 12 of the Building (Lease &
Rent Control) Act is under challenge on behalf of the tenant. It
is matter of record that rent petition seeking eviction under
Section 11(3) has been disposed of. However, learned counsel
for petitioner informed that entire rent arrears as determined by
the Rent Controller had already been paid to landlord.
2. Learned counsel appearing on behalf of landlord did
not deny the disposal of RCP and submits that parties have
arrived at fresh compromise and there is no dispute with regard
to arrears.
In this view of the matter, this petition is closed.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
EASWARAN S., JUDGE
nak
OP (RC) NO. 110 OF 2023
APPENDIX OF OP (RC) 110/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RCP 84/2015 FILED BEFORE
THE HON'BLE RENT CONTROL COURT,
CHAVAKKAD DATED 12-10-2015
Exhibit P2 TRUE COPY OF I.A. 6/2021 IN RCP 84/2015
DATED 03-04-2021
Exhibit P3 TRUE COPY OF THE ORDER IN IA 6/2021 IN
RCP 84/2015 DATED 9.4.2021
Exhibit P4 TRUE COPY OF I.A. 10/2021 IN RCOP
84/2015 FILED BEFORE THE RENT CONTROL
COURT, CHAVAKKADU DATED 15-07-2021
Exhibit P5 TRUE COPY OF THE ORDER DATED 17-09-2021
IN RCP NO.84/2015 IN THE COURT OF RENT
CONTROL COURT CHAVAKKAD
Exhibit P6 TRUE COPY OF THE SAID JUDGMENT DATED
09.12.2022 IN RCA 31/2021OF THE RENT
CONTROL APPELLATE AUTHORITY, THRISSUR
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED
31.3.2023 IN RCR 50/2023 BEFORE THIS
HONOURABLE COURT
Exhibit P8 TRUE COPY OF THE ORDER IN RCP NO.84 OF
2015 IN THE COURT OF RENT CONTROL
COURT, CHAVAKKAD DATED 1.6.2023
Exhibit P9 TRUE COPY OF THE RECEIPT DATED
15.07.2023
