P.S.Noble vs Laila
2024 Latest Caselaw 13675 Ker

Kerala High Court

P.S.Noble vs Laila on 27 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.
   MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
                     RCREV. NO. 411 OF 2018
AGAINST THE JUDGMENT DATED 21.11.2018 IN RCA NO.2 OF 2017
 OF THE RENT CONTROL AND APPELLATE AUTHORITY,MAVELIKKARA
ARISING OUT OF THE ORDER DATED 31.01.2017 IN OPRC NO.4 OF
             2015 OF THE RENT CONTROL COURT,HARIPAD
REVISION PETITIONER/APPELLANT/RESPONDENT:

            P.S.NOBLE,
            AGED 42 YEARS
            S/O SREENIVASAN,
            RESIDING AT POURNAMI,VETTUVENI
            MURI,KARITHIKAPPALY VILLAGE,
            HARIPPAD P.O.
            ALAPPUZHA DISTRICT-690 514

            BY ADVS.
            GILBERT GEORGE CORREYA
            SRI.A.VELAPPAN NAIR
            SRI.GEORGIE JOHNY


RESPONDENT/RESPONDENT/PETITIONER:

            LAILA,
            AGED 57 YEARS
            W/O SHAHUL HAMEED,
            RESIDING AT LAILA MANZILIL,
            THAMALLACKAL,SOUTH MURI,KUMARAPURAM
            VILLAGE,KARTIKAPPALLY TALUK,
            ALAPPUZHA 690 549

            BY ADV SRI.S.SREEKUMAR (KOLLAM)


     THIS     RENT   CONTROL    REVISION    HAVING    COME    UP    FOR
ADMISSION    ON   27.05.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 R.C. Rev. No. 411/2018                       2



               AMIT RAWAL & EASWARAN S., JJ.
                     =================
                 R.C.Rev. No. 411 of 2018
              ==============================
           DATED THIS THE 27TH DAY OF MAY, 2024.

                                      ORDER

AMIT RAWAL, J.

The present revision petition is directed

against the concurrent finding of fact whereby the

eviction of the petitioner-tenant from two shop rooms

in question, (properties in the scheduled building)

has been ordered, within the time prescribed, by the

Rent Controller and as well as upheld by the Appellate

Authority. The revision petition is pending

adjudication from the year 2016 under the interim

order with a condition to clear all the arrears.

2. Learned counsel representing the landlord

submitted that rent upto October 2023, at the rate of

Rs.4,000/-(Rupees four thousand only) each i.e.,

Rs.8,000/- (Rupees eight thousand only) for both the

shop rooms, have been paid.

3. Mr.Gilbert George Correya, learned counsel

appearing on behalf of the petitioner though raised

certain arguments, we were not impressed. Faced with

the situation, he prays for grant of time with liberty

to withdraw the petition.

4. Accordingly this Rent Control Revision is

ordered to be withdrawn with liberty to the

petitioner-tenant to file an affidavit/undertaking

before the Rent Controller within a period of one

month from today that he shall vacate the premises on

or before 26.11.2024 and will pay the market rent of

Rs.6,000/- (Rupees six thousand only) each, instead of

Rs.4,000/- (Rupees four thousand only), from today

onwards and shall also clear the arrears of rent, if

any, within the period of one month.

If there is default in payment of rent for two

months or arrears or if he does not vacate the

premises on the scheduled day, the landlord can take

the possession of the property in accordance with law.

SD/-

AMIT RAWAL JUDGE

SD/-

EASWARAN S. JUDGE DCS/27.05.2024