Shysa vs T.S Varghese @ Davis Thayyil
2024 Latest Caselaw 32503 Ker

Kerala High Court

Shysa vs T.S Varghese @ Davis Thayyil on 8 November, 2024

Author: Amit Rawal

Bench: Amit Rawal

                                              2024:KER:84665
RCREV. NO. 124 OF 2024

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           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. 124 OF 2024
        AGAINST THE ORDER/JUDGMENT DATED 22.01.2024 IN RCA
NO.8 OF 2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT
- III, ALAPPUZHA/III ADDITIONAL MACT, ALAPPUZHA ARISING OUT
OF THE ORDER/JUDGMENT DATED 02.12.2022 IN RCP NO.23 OF 2019
OF PRINCIPAL MUNSIFF, ALAPPUZHA



REVISION PETITIONER(S)/APPELLANTS/RESPONDENTS:

    1      SHYSA
           AGED 50 YEARS
           W/O LATE E.S SHAJI, FOUSIA MANZIL,
           VELLAKKINAR WARD, ALAPPUZHA, PIN - 688001

    2      FARSA
           AGED 25 YEARS
           D/O LATE E.S SHAJI, FOUSIA MANZIL,
           VELLAKKINAR WARD, ALAPPUZHA, PIN - 688001

    3      AADHIL
           AGED 23 YEARS
           S/O LATE E.S SHAJI, FOUSIA MANZIL,
           VELLAKKINAR WARD, ALAPPUZHA, PIN - 688001

    4      IBRAHIM BADHUSHA
           AGED 23 YEARS
           S/O LATE E.S SHAJI, FOUSIA MANZIL,
           VELLAKKINAR WARD, ALAPPUZHA, PIN - 688001
                                             2024:KER:84665
RCREV. NO. 124 OF 2024

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         BY ADVS.
         LAL K.JOSEPH
         P.MURALEEDHARAN (THURAVOOR)
         T.A.LUXY
         SURESH SUKUMAR
         ANZIL SALIM
         SANJAY SELLEN
         ADITHYA S. PUTHEZHATH


RESPONDENT(S)/RESPONDENT/PETITIONER:

         T.S VARGHESE @ DAVIS THAYYIL
         AGED 55 YEARS
         THAYYIL VEETTIL, C.C.N.B ROAD, MULLACKAL,
         ALAPUZHA, PIN - 688012


         BY ADV Azad Babu R


     THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD
ON 08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                          2024:KER:84665
RCREV. NO. 124 OF 2024

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                                ORDER

Amit Rawal, J.

1. Present revision petition is directed against

the order dated 22.01.2024 in R.C.A.No.8/2023 of the

Appellate Authority whereby the order under Section 12(1)

dated 02.12.2022 in I.A.No.3/2020 in R.C.P.No.23/2019,

fixing the payment of admitted arrears of rent has been

challenged.

2. This Court at the time of hearing the matter

on 18.06.2024, passed the following order:

It is submitted across the bar that the petitioner shall remit a sum of Rs.4 lakhs within a month, which according to both sides, would amount to about 50% of the admitted arrears. In that view of the matter, there will be an interim order as prayed for, on condition that the petitioner remits a sum of Rs.4,00,000/- (Rupees four lakhs only) before the Rent Control Court, Alappuzha, within a period of one month from today. Post on 25.07.2024."

3. We have been informed that the

aforementioned arrears have been cleared. Learned counsel 2024:KER:84665 RCREV. NO. 124 OF 2024

for the respondent - landlord submitted that the interest has

not been paid. We have gone through the order of the Rent

Controller dated 02.12.2022 and do not find any

determination of the interest. We thus, leave it open to the

landlord to submit an application for claiming the interest

since the claim in the rent petition not only confines to the

arrears of rent, but other grounds also. Since the orders have

been complied with, nothing survives in the revision. Liberty

is granted to the parties to raise all the pleas in the pending

rent petition in respect of other grounds also.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S. JUDGE nak