Saji K.B vs Sir John
2024 Latest Caselaw 32359 Ker

Kerala High Court

Saji K.B vs Sir John on 8 November, 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 8th day of November 2024 / 17th Karthika, 1946

                           RCREV. NO. 214 OF 2024

RCA 11/2023 OF THE RENT COMTROL APPELLATE AUTHORITY(ADDL. DISTRICT COURT-III),
                                  ALAPPUZHA.

    RCP 15/2016 RENT CONTROL COURT(PRINCIPAL MUNSIFF COURT), ALAPPUZHA.

 REVISION PETITIONER(S)/APPELLANT/COUNTER PETITIONER:

   1. SAJI K.B. AGED 54 YEARS S/O. BENJAMIN, KODIVEETTIL, KATTOOR,
      KATTOOR. P.O., KALAVOOR VILLAGE, ALAPPUZHA, PIN - 688522
   2. SABU K.B. AGED 57 YEARS S/O. BENJAMIN, KODIVEETTIL, KATTOOR,
      KATTOOR. P.O., KALAVOOR VILLAGE, ALAPPUZHA, PIN - 688522

     BY ADV R.AZAD BABU
 RESPONDENT(S)/RESPONDENT/PETITIONER:

   1. SIR JOHN AGED 69 YEARS PALLURUTHY HOUSE, KATTOOR, MARARIKULAM SOUTH
      PANCHYATH, KALAVOOR VILLAGE, ALAPPUZHA, PIN - 688522
   2. GEORGE SIR JOHN AGED 43 YEARS PALLURUTHY (H), KATTOOR, MARARIKULAM
      SOUTH PANCHYATH, KALAVOOR VILLAGE, ALAPPUZHA, PIN - 688522
   3. JOHN SOYAS SIR JOHN AGED 41 YEARS PALLURUTHY (H), KATTOOR,
      MARARIKULAM SOUTH PANCHYATH, KALAVOOR VILLAGE, ALAPPUZHA, PIN -
      688522

      This Rent control revision having come up for orders on 08.11.2024,
 the court on the same day passed the following:
                 AMIT RAWAL & EASWARAN.S, JJ.
          ---------------------------------------------------
                      Rc.Rev.No.214 of 2024
          ----------------------------------------------------
           Dated this the 8th day of November, 2024


                               ORDER

Amit Rawal, J.

The petitioners - tenants have not been successful in

defending the eviction petition preferred by the landlords seeking

eviction of the tenants on the ground of bonafide necessity, before

the Rent Control Court, as well as in the appeal before the

Appellate Authority.

2. After having rendered the argument, we are of the view

that there is no scope for interference with the judgments as they

have been passed on appreciation of the oral and documentary

evidence on record as well as the provisions of the Act.

3. Faced with the situation, learned counsel for the

petitioners confines his prayers for granting reasonable time,

which we normally grant six months to vacate the premises.

4. Issue notice before admission on this limited point to

the respondents by Special Messenger, as well as through the

counsel in the trial court.

Post on 26.11.2024. Till such time, dispossession of the

petitioners-tenants shall be stayed.

Sd/-

AMIT RAWAL, JUDGE

Sd/-

EASWARAN.S, JUDGE nak

08-11-2024 /True Copy/ Assistant Registrar