Abdul Sudheer vs K.S.Prasannan
2024 Latest Caselaw 33112 Ker

Kerala High Court

Abdul Sudheer vs K.S.Prasannan on 14 November, 2024

Author: Amit Rawal

Bench: Amit Rawal

                                               2024:KER:87205
RCREV. NO. 148 OF 2023
                               1



         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. 148 OF 2023
     AGAINST THE ORDER/JUDGMENT DATED 24.03.2023 IN RCA
NO.31 OF 2022 OF RENT CONTROL APPELLATE AUTHORITY, THRISSUR

REVISION PETITIONER/APPELLANT/RESPONDENT:

         ABDUL SUDHEER
         AGED 52 YEARS, S/O. KUZHIKANDATHIL MUHAMMED
         CHUZHOOR DESOM, EDATHIRUTHY P.O
         KODUNGALLUR TALUK, THRISSUR, PIN - 680567


         BY ADVS.
         K.B.GANGESH
         SMITHA CHATHANARAMBATH
         ATHIRA A.MENON


RESPONDENT/RESPONDENT/PETITIONER:

         K.S.PRASANNAN
         AGED 65 YEARS, S/O. KOTTIYATTIL SANKARANARAYANAN
         KOORKKANCHERY P.O, KOORKKANCHERY VILLAGE
         THRISSUR TALUK, THRISSUR - 680007


         BY ADV HARIKRISHNAN K.


     THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD
ON 14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                 2024:KER:87205
RCREV. NO. 148 OF 2023
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                           ORDER

Amit Rawal, J.

Present revision petition has been directed against

the judgment of the court below whereby, in the rent petition

preferred by the respondent - landlord, eviction of the

petitioner- tenant has been ordered under Section 12 (3) for

non-compliance of the order sub-section (1) of Section 12,

determining the arrears of rent. Appeal preferred has also

been dismissed.

2. This Court vide order dated 16.08.2023, granted

the interim stay with a condition that the petitioner - tenant

shall remit the arrears of rent. While passing the order dated

05.11.2024, we have been informed on the basis of the

affidavit filed by the landlord that the arrears of rent till

13.10.2021 has not been cleared by the petitioner, but the

arrears in terms of the order of this Court had been cleared.

3. Today, the learned counsel appearing on behalf of

the petitioner had brought a Demand Draft of Rs.11,10,000/-

(Rupees eleven lakhs ten thousand only) as entire arrears of 2024:KER:87205 RCREV. NO. 148 OF 2023

rent, which has been accepted by the counsel representing

the landlord. In this view of the matter, there is a quietus to

the order passed under Section 12(1). Since the eviction was

sought on various other grounds, we thus set aside the order

under challenge and restore the Rent Control Petition to its

original number, to be decided on various other grounds in

accordance with law. Parties through their counsel are

directed to appear before the Rent Controller on 02.12.2024.

Revision stands disposed off.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S. JUDGE nak