Dhaneesh vs Vismaya
2024 Latest Caselaw 26660 Ker

Kerala High Court

Dhaneesh vs Vismaya on 5 September, 2024

Author: Amit Rawal

Bench: Amit Rawal

RCREV. NO. 152 OF 2024                   1    2024:KER:68483




            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                  &

             THE HONOURABLE MR. JUSTICE EASWARAN S.

   THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                     RCREV. NO. 152 OF 2024

AGAINST JUDGMENT DATED 16.3.2024 IN RCA NO.9 OF 2023 OF THE RENT
                   CONTROL APPELLATE AUTHORITY
   ORDER DATED 31.3.2023 IN RCP NO.3 OF 2020 OF MUNSIFF COURT
                            OTTAPALAM
REVISION PETITIONER(S)/APPELLANT/RESPONDENT :
           DHANEESH
           AGED 43 YEARS
           S/O. RAMANARAYANAN, ATHANAIKKAL VEETTIL,
           PARAMEL PADI, P.O KONDAZHY, THALAPILLY TALUK,
           THRISSUR DISTRICT, PIN - 679106

          BY ADVS.
          P.JAYARAM
          O.M.RAVI
          P.B.AJOY
          A.M.THOMAS (AYKAN)
          ATHUL G.T.


RESPONDENT(S)/RESPONDENT/PETITIONER :
           VISMAYA
           AGED 26 YEARS
           D/O VINOD, NEDYANCHATH (VISMAYA) VEETTIL,
           EAST MANNISSERY, P.O. MANISSERRY, OTTAPALAM TALUK,
           PALAKKAD DISTRICT, PIN - 679521

          BY ADV K.RAVI (PARIYARATH)


     THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RCREV. NO. 152 OF 2024                        2     2024:KER:68483



                    AMIT RAWAL & EASWARAN S., JJ.
                         --------------------------------
                          R.C.R. No.152 of 2024
                  ------------------------------------------
                Dated this the 5th day of September, 2024

                                   ORDER

AMIT RAWAL, J.

Petitioner-tenant in Revision petition is against the

judgment of the Rent Control Appellate Authority whereby the order

of the rent petition bearing No.03 of 2020 preferred by the

respondent-power of attorney agent of the landlord for seeking the

eviction on the ground of personal necessity has been upheld.

2. After arguing for some time, we also do not find any

illegality or perversity in the order. Faced with the situation,

counsel for the petitioner seek liberty of this Court for withdrawal of

the petition asking for reasonable time to vacate. Liberty is granted

to withdraw the petition with the following conditions:

I) Tenant will vacate the premises within a period of six

months from today 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 RCREV. NO. 152 OF 2024 3 2024:KER:68483

before the 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/-

EASWARAN S. JUDGE NS