K.Jayadeva Prabhu vs Bappuji Memorial Trust
2024 Latest Caselaw 14089 Ker

Kerala High Court

K.Jayadeva Prabhu vs Bappuji Memorial Trust on 28 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.
      TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                         RCREV. NO. 113 OF 2021


AGAINST   THE   ORDER   DATED   21.02.2019   IN   RCA   NO.4   OF   2016   OF
ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, THALASSERY ARISING OUT OF THE ORDER DATED 19.10.2015 IN
RCP NO.39 OF 2013 OF MUNSIFF COURT, PAYYANNUR


REVISION PETITIONER/APPELLANT/RESPONDENT:

           K.JAYADEVA PRABHU
           AGED 60 YEARS
           S/O KESAVA PRABHU, RESIDING AT PAYYANUR AMSOM DESOM,
           PAYYANUR P.O, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN-
           670307.

           BY ADVS.
           P.SAMSUDIN
           M.ANUROOP



RESPONDENT/RESPONDENT/PETITIONER:

           BAPPUJI MEMORIAL TRUST
           REPRESENTED BY ITS PRESIDENT, PAYYANNUR AMSOM,
           KOKKANISSERY DESOM, PAYYANUR.P.O, TALIPARAMBA TALUK,
           KANNUR DISTRICT, PIN-670307.

           BY ADVS.
           MAHESH V RAMAKRISHNAN
           PRAVEEN K.S.(K/2191/2021)


     THIS RENT CONTROL REVISION HAVING COME UP FOR HEARING ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RCREV. NO. 113 OF 2021
                                      2

                              ORDER

Amit Rawal, J.

The tenant has come up in this RCR against the concurrent

findings of fact whereby eviction has been ordered from the

Scheduled property vide judgment dated 19.10.2015 in RCP No.39 of

2013 which was upheld vide judgment dated 21.2.2019 in RCA No.4

of 2016. Respondent-landlord had sought the eviction of the

petitioner on the ground of bonafide. There was an interim stay

since 2021.

2. Counsel has not been made able to make out any attempt

against the concurrent findings of fact. Faced with the situation

seeks liberty of this Court for withdrawal of the aforementioned

petition by praying six months time to vacate the premises. Liberty

is granted to withdraw the petition with the following conditions:

i. Tenant will vacate the premises within six months

commencing from today ie., on or before 27.11.2024 and

shall continue to pay the market rent of Rs.2000/- (Rupees

two thousand only) and shall also clear the arrears as

claimed by the respondent- landlord to the tune of Rupees

one lakh and odd amount.

ii. The respondent-landlord shall give the details of the

arrears of the rent to the tenant and tenant shall clear the RCREV. NO. 113 OF 2021

arrears within a period of one month from the date of

receipt of a copy of this order.

iii. Tenant is directed to file an undertaking before the Rent

Controller that he/she shall vacate the premises within a

period of six months and continue to pay the enhanced

rent of Rs.2000/- with effect from today and clear the

arrears within a period of one month from the date of

receipt of a certified copy of this order.

iv. In case of any default, respondent-landlord shall be

entitled to seek the eviction in accordance with law.

SD/-

AMIT RAWAL JUDGE

SD/-

sab                                           EASWARAN S.
                                                 JUDGE