N.K. Abdul Samad vs Maneesh Ramesh Babu
2024 Latest Caselaw 13547 Ker

Kerala High Court

N.K. Abdul Samad vs Maneesh Ramesh Babu on 24 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.
       FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                      RCREV. NO. 56 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 19.11.2021 IN RCP NO.49 OF 2018
OF MUNSIFF COURT, THALASSERY ARISING OUT OF THE ORDER/JUDGMENT
DATED 06.01.2024 IN RCA NO.3 OF 2022 OF ADDITIONAL DISTRICT COURT
- II, THALASSERY
REVISION PETITIONER(S)/APPELLANT/RESPONDENT:

          N.K. ABDUL SAMAD
          AGED 69 YEARS, S/O. ABDURAHIMAN,
          BUSINESS, DOOR NO. 46/787, PROXY ENO OF BEAUTY,
          M.G. ROAD, THALASSERY, PIN - 670101

          BY ADVS.
          T.P.SAJID
          SHIFA LATHEEF
          MUHAMMED HAROON A.N.
          HASHARURAHIMAN U.
          MOHEMED FAVAS


RESPONDENT(S)/RESPONDENT/PETITIONER:

          MANEESH RAMESH BABU
          AGED 38 YEARS, S/O. RAMESH BABU,
          BUSINESS, RESIDING AT MAHIMA, PO CHIRAKKARA,
          THIRUVANGAD AMSOM, DESOM,
          THALASSERY TALUK, PIN - 670104

          BY ADVS.
          Muralikrishnan C
          ABRAHAM GEORGE JACOB(K/003159/1999)
          SHAHNA(K/001380/2023)
          MATHEW ANGELO DAVIS(K/002460/2023)


     THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RCREV. NO. 56 OF 2024
                                    2



                                  ORDER

Amit Rawal, J.

1. The present revision petition is directed against the

concurrent finding of the fact whereby the petitioner - tenant

has been ordered to be evicted from the schedule property.

2. Mr.T.P.Sajid, learned counsel appearing on behalf of

the petitioner after having argued the matter at length, realising

that this Court is not inclined to interfere, prayed for grant of

eight (8) months time. However, the learned counsel

representing the landlord submits that the eviction petition had

been pending since 2018, more than six years have already

elapsed. Respondent - landlord is in dire need of premises, but

is not averse in granting a reasonable period.

3. We have heard the learned counsel for the parties

and appraised the paper book.

4. Petitioner is granted six months' time commencing

from 24.05.2024 and in view thereof, shall file an undertaking

that he will handover the vacant possession of the property to

the respondent - landlord on or before 23.11.2024. Let the RCREV. NO. 56 OF 2024

undertaking be filed within a period of one month from the date

of receipt of certified copy of this judgment.

5. The market rent of the premises is more than

Rs.3,000/- (Rupees three thousand only), thus the occupation

of the premises shall be at the rate of Rs.3,000/- (Rupees three

thousand only) per month. It is made clear that the petitioner -

tenant shall also clear the arrears at old rent within a period of

three weeks. In case of any breach of any of the conditions

indicated above, respondent -landlord shall be entitled to seek

the possession in accordance with law.

Revision stands disposed off.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S. JUDGE nak