Kerala High Court
E.C.Nazar vs Ussain on 29 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 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
RCREV. NO. 28 OF 2022
AGAINST THE JUDGMENT DATED 19.11.2021 IN RCA NO.41 OF 2020 OF
DISTRICT COURT & SESSIONS COURT,KOZHIKODE ARISING OUT OF THE ORDER
DATED 9.10.2019 IN RCP NO.58 OF 2014 OF ADDITIONAL MUNSIFF COURT,
KOZHIKODE-I
REVISION PETITIONER/APPELLANT/RESPONDENT:
E.C.NAZAR
AGED 59 YEARS
S/O.M.P.C.ABDU HAJI, ELAVANCHALIL HOUSE, KODUVALLY
AMSOM, KODUVALLY DESOM, THAMARASSERY TALUK, KOZHIKODE
DISTRICT, PIN-673573.
BY ADV G.S.REGHUNATH
RESPONDENTS/RESPONDENTS/PETITIONERS:
1 USSAIN
S/O MAMUKOYA, EDAYADIPOYIL HOUSE, MADAVOOR AMSOM,
MADAVOOR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT,
PIN-673585.
2 ABDUL AZEES,
AGED 42 YEARS
S/O.MOIDEEN, PULIVALATHIL HOUSE, ELATTIL,P.O,
KIZHIKKOTH, KOZHIKODE, REPRESENTED BY POWER OF ATTORNEY
HOLDER, EDAYADIPOYIL ABDURAHIMAN,AGED 52,S/O MAMUKOYA,
EDAYADIPOYIL HOUSE, MADAVOOR AMSOM, MADAVOOR DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT,PIN-673585.
BY ADVS.
P.B.PRADEEP
VISHNU PRADEEP
THIS RENT CONTROL REVISION HAVING COME UP FOR HEARING ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RCREV. NO. 28 OF 2022
2
ORDER
Amit Rawal, J.
Petitioner-tenant is in Revision petition against the judgment of
the Rent Control Appellate Authority whereby the order of the rent
petition bearing No.58 of 2014 preferred by the respondent-landlord
for seeking the eviction on the ground of personal necessity has been
upheld.
2. Petitioner is running a jwellery shop in the premises at the
prevailing rent of Rs.3750/-. Various pleas have been taken to non
suit the respondent-landlord but have not been found in favour of the
petitioner.
3. Even after arguing for some time, we also do not find any
illegality or perversity. Faced with the situation counsel for the
petitioner seeks liberty of this court for withdrawal of the petition
asking for reasonable time to vacate. Liberty is granted to withdraw
the petition with the following conditions:
1. Tenant will vacate the premises within six months from today
and continue to pay the market rent of Rs.7000/- (Rupees seven
thousand only) and shall also clear all the arrears, if any within a
period of one month from the date of receipt of a certified copy of the
judgment
2. Tenant is directed to file an undertaking to this effect before
RCREV. NO. 28 OF 2022
the Rent Controller that he/shall vacate the premises and pay the
rent at the market rent of Rs.7000/- within a period of one month
from today.
3. Till such time, the order of eviction is ordered to be kept in
abeyance.
In case of any default of the aforementioned conditions,
respondent-landlord shall be entitled to seek the eviction in
accordance with law.
SD/-
AMIT RAWAL
JUDGE
SD/-
sab EASWARAN S.
JUDGE
