N.A Davy vs Roy Isac
2024 Latest Caselaw 31565 Ker

Kerala High Court

N.A Davy vs Roy Isac on 5 November, 2024

Author: Amit Rawal

Bench: Amit Rawal

RCREV. NO. 191 OF 2024                 1

                                                             2024:KER:82540
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                    THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                       &

                   THE HONOURABLE MR. JUSTICE EASWARAN S.

         TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946

                           RCREV. NO. 191 OF 2024


REVISION PETITIONER(S)/APPELLANTS/RESPONDENTS IN RCP:

     1      N.A DAVY
            AGED 77 YEARS
            HOUSE NO.14, NEEROLIPPADAN HOUSE, PRIYADARSINI NAGAR,
            PARAVATTANI, THRISSUR, PIN - 680005

     2      N.A THIMOTHY
            AGED 75 YEARS
            NEEROVILLA, NEEROLIPPADAN HOUSE, UDAYA NAGAR, MYLIPPADAM,
            THRISSUR, PIN - 680005


            BY ADVS.
            J.JULIAN XAVIER
            FIROZ K.ROBIN
            JOSE. V.V. (THENGATHARA)
            ROY JOSEPH
            ANIES MATHEW
            NIRMAL KURIEN EAPEN
            THASNIEEM BADARUDEEN
            THOMAS P.B.


RESPONDENT(S)/RESPONDENT/PETITIONER IN RCP:

            ROY ISAC
            S/O IMMATTY ISAC, ST.MARY'S STREET, KUTTUR VILLAGE AND DESOM,
            THRISSUR, PIN - 680013


            BY ADVS.
            C.D.DILEEP
            SHYLAJA VARGHESE(K/855/1992)
            DHEERAJ PRADEEP C.(K/001214/2023)


      THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 05.11.2024, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RCREV. NO. 191 OF 2024              2

                                                          2024:KER:82540
                              JUDGMENT

Amit Rawal, J.

1. Petitioners-tenants are in Revision petition against the

judgment of the Rent Control Appellate Authority whereby the

order of the rent petition bearing No. 9 of 2018 preferred by the

respondent-landlord for seeking eviction on the ground of

personal necessity has been upheld.

2. After arguing for some time, we also do not find any

illegality or perversity in the order. 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:

i). Tenant will vacate the premises within six months from today

and continue to pay the market rent till the vacation of the

premises 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

ii). Tenant is directed to file an undertaking to this effect before

the Rent Controller within a period of one month from today.

iii). Till such time, the order of eviction is ordered to be kept in

abeyance.

2024:KER:82540 In case of any default of the aforementioned conditions or two

subsequent defaults in paying the rent, respondent-landlord shall be

entitled to seek the eviction in accordance with law.

Sd/-

AMIT RAWAL JUDGE

Sd/-

sab                                         EASWARAN S.
                                                JUDGE