Kerala High Court
Smt. Sulphath vs K.C. Varghese on 14 November, 2024
Author: Amit Rawal
Bench: Amit Rawal
RCREV. NO. 199 OF 2024 1
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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.
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
RCREV. NO. 199 OF 2024
AGAINST THE JUDGMENT DATED 31.10.2023 IN RCA NO.12 OF 2021 OF
SPECIAL C IDAMALAYAR INVN & 5 ADDITIONAL DISTRICT COURT, ERNAKULAM/ II
ADDITIONAL MACT, EKM ARISING OUT OF THE ORDER/JUDGMENT DATED
16.02.2021 IN RCP NO.51 OF 2005 OF III ADDITIONAL MUNSIFF COURT,
ERNAKULAM (RENT CONTROL)
REVISION PETITIONER(S)/APPELLANTS/ADDL.RESPONDENTS 2 TO 5(TENANTS):
1 SMT. SULPHATH
AGED 54 YEARS
, W/O. LATE ASHARAF,RESIDING AT CHIRAKKATHARA HOUSE,
THEVARA, ERNAKULAM, KOCHI, PIN - 682013
2 ASIF
AGED 34 YEARS
S/O. LATE ASHARAF, RESIDING AT CHIRAKKATHARA HOUSE,
THEVARA, ERNAKULAM, KOCHI, PIN - 682013
3 ASHIQUE
AGED 34 YEARS
S/O. LATE N.N. ASHARAF, RESIDING AT CHIRAKKATHARA HOUSE,
THEVARA, ERNAKULAM, KOCHI, PIN - 682013
4 SMT. ASHIDHA
AGED 29 YEARS
D/O. LATE N.N. ASHARAF, RESIDING AT CHIRAKKATHARA HOUSE,
THEVARA, ERNAKULAM, KOCHI, PIN - 682013
BY ADVS.
T.B.THANKAPPAN
T.T.HARIKUMAR
A.GOPALAKRISHNAN (ALAPAT)
DIPIN DILEEP
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RESPONDENT(S)/RESPONDENTS 2, 4 TO 9/ADDL.PETITIONERS 2, 4 TO 9
(LANDLORD):
1 K.C. VARGHESE
S/O. LATE K.V. CHACKO, AGED ABOUT 62 YEARS, KATTUTHARA
VEEDU, KOCHUKADAVANDRA, KOCHI, PIN - 682020
2 K.C. JOHN
S/O. LATE K.V. CHACKO, 59 YEARS, KATTUTHARA VEEDU,
KOCHUKADAVANDRA, KOCHI,, PIN - 682020
3 SMT. ROSILY
W/O. LATE K.C. ANTHONY, AGED 57 YEARS, KATTUTHARA VEEDU,
KOCHUKADAVANDRA, KOCHI, PIN - 682020
4 RIYA
D/O. LATE K.C. ANTHONY, AGED ABOUT 19 YEARS, KATTUTHARA
VEEDU, KOCHUKADAVANDRA, KOCHI, PIN - 682020
5 MARY JOSE
W/O. LATE K.C. JOSEPH, AGED ABOUT 64 YEARS, KATTUTHARA
VEEDU, KOCHUKADAVANDRA, KOCHI, PIN - 682020
6 SIJO JOSE
S/O. LATE K.C. JOSEPH, AGED ABOUT 40 YEARS, KATTUTHARA
VEEDU, KOCHUKADAVANDRA, KOCHI, PIN - 682020
7 SIMI JOSE
S/O. LATE K.C. JOSEPH, AGED ABOUT 38 YEARS, KATTUTHARA
VEEDU, KOCHUKADAVANDRA, KOCHI, PIN - 682202
BY ADVS.
A. Balagopalan A
A.RAJAGOPALAN(K/339/1994)
M.N.MANMADAN(K/198/1998)
M.S.IMTHIYAZ AHAMMED(K/151/1999)
P.SEENA(K/000546/2000)
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Amit Rawal, J.
We had on 22.10.2024 passed the following order:
The petitioners - tenants have 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 petitioners
confines his prayers for granting three months time 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 14.11.2024. Till such time, dispossession of the
petitioners-tenants shall be stayed.
2. Learned counsel for the respondent has put in appearance.
We dispose of the revision petition with the following conditions:
i) Tenant will vacate the premises within three months and continue
to pay the 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
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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.
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
