A.P. Zubaida vs K.P. Sareena
2024 Latest Caselaw 33053 Ker

Kerala High Court

A.P. Zubaida vs K.P. Sareena on 14 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.
         Thursday, the 14th day of November 2024 / 23rd Karthika, 1946

                            RCREV. NO. 197 OF 2024

RCA 150/2018 OF THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT COURT-
                                 IV),THALASSERY

   RCP 122/2009 OF THE RENT CONTROL COURT(ADDITIONAL MUNSIFF COURT), KANNUR

  REVISION PETITIONER(S)RESPONDENTS 1,2,4,6 AND 7:

    1. A.P. ZUBAIDA AGED 65 YEARS JASEENA MANZIL, NEAR JUMA MASJID,
       PUTHIYATHERU P.O, CHIRAKKAL, KANNUR DISTRICT., PIN - 670011
    2. A.P. JEFRRY AGED 45 YEARS JASEENA MANZIL, NEAR JUMA MASJID,
       PUTHIYATHERU P.O, CHIRAKKAL, KANNUR DISTRICT, PIN - 670011
    3. A.P. JALEEL AGED 42 YEARS JASEENA MANZIL, NEAR JUMA MASJID,
       PUTHIYATHERU P.O, CHIRAKKAL, KANNUR DISTRICT , PIN - 670011
    4. A.P JASEENA AGED 38 YEARS JASEENA MANZIL, NEAR JUMA MASJID,
       PUTHIYATHERU P.O, CHIRAKKAL, KANNUR DISTRICT , PIN - 670011
    5. A.P. JAMEES AGED 26 YEARS JASEENA MANZIL, NEAR JUMA MASJID,
       PUTHIYATHERU P.O, CHIRAKKAL, KANNUR DISTRICT , PIN - 670011

      BY ADVS.SUSHANTH.J.,P.SANKARAN NAMPOOTHIRI,MOHAMMED NIHAD,MISNA SALEEM,
  RESPONDENT(S)/APPELLANT/PETITIONER/RESPONDENTS 3,5 AND 8:

    1. K.P. SAREENA AGED 54 YEARS CHIRAKKAL AMSOM, PUZHATHI DESOM, KANNUR
       DISTRICT, PIN - 670004
    2. A.P. JASEEL AGED 43 YEARS JASEENA MANZIL, NEAR JUMA MASJID,
       PUTHIYATHERU P.O, CHIRAKKAL, KANNUR DISTRICT, PIN - 670011
    3. A.P. JAHNAS AGED 40 YEARS JASEENA MANZIL, NEAR JUMA MASJID,
       PUTHIYATHERU P.O, CHIRAKKAL, KANNUR DISTRICT, PIN - 670011
    4. NOUSHAD AGED 96 YEARS DIGITAL GULF BAZAR, MARKET ROAD, PUTHIYATHERU
       PO, CHIRAKKAL, KANNUR DISTRICT, PIN - 670011

       This Rent control revision having come up for orders on 14.11.2024,
  the court on the same day passed the following:
                            AMIT RAWAL & EASWARAN S, JJ.
                         -------------------------------------------------------
                                   RCRev. No.197 of 2024
                           ----------------------------------------------------
                       Dated this the 14th day of November, 2024

                                              ORDER

Amit Rawal, J.

The petitioner - tenant has not been successful in defending the

eviction petition preferred by the landlord seeking eviction of the tenant on

the ground of bona fide 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 petitioner 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

respondent by Special Messenger, as well as through the counsel in the trial

court.

Post on 10.12.2024. Till such time, dispossession of the petitioner-

tenant shall be stayed.

Sd/-

AMIT RAWAL, JUDGE

Sd/-

sab 14-11-2024 /True Copy/ EASWARAN. S, JUDGE Assistant Registrar