Abdullakutty vs Sakkariya
2024 Latest Caselaw 28667 Ker

Kerala High Court

Abdullakutty vs Sakkariya on 26 September, 2024

Author: Amit Rawal

Bench: Amit Rawal

RCRev. No.184/2024                           1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                         THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                           &
                         THE HONOURABLE MR. JUSTICE EASWARAN S.
               Thursday, the 26th day of September 2024 / 4th Aswina, 1946

                         IA.NO.1/2024 IN RCREV. NO. 184 OF 2024

 RCA 4/2019 OF THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT COURT-
                                 II),MANJERI .

            RCP 32/2016 OF THE RENT CONTROL COURT (MUNSIFF COURT), TIRUR.

   APPLICANT / REVISION PETITIONER:

          ABDULLAKUTTY, AGED 54 YEARS, S/O MUHAMMEDKUTTY, MENOTHILPOOPARAMBIL
          HOUSE, PUTHUPALLIAMSOM, MARAVANTHADESOM, KAVANCHERY ,TIRUR TALUK,
          MALAPPURAM DISTRICT, PIN - 676561

   RESPONDENT/RESPONDENT:

          SAKKARIYA, AGED 53 YEARS, S/O DR. AHAMMED, THARAMMAL HOUSE, FATHIMA
          MANZIL, RAYIRIMANGALAMAMSOM, TANURNAGARAMDESOM, TANUR POST, TIRUR
          TALUK, MALAPPURAM DISTRICT., PIN - 676302


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   of the Judgements dated 08.01.2024 in R.C.A NO 4/2019 of the Rent Control
   Appellate Authority (Additional District Judge-II), Manjeri and judgment
   dated 31.10.2018 in R. C. P 32/2016 of the Rent Control Court, Tirur,
   pending disposal of this rent control revision petition.


        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of JAMSHEED HAFIZ, T.S.SREEKUTTY, FATHIMA NASREEN S., Advocates for the
   petitioners, the court passed the following:
 RCRev. No.184/2024                         2/2

                                      ORDER

Inter alia alleges that the learned Rent controller as well as the appellate authority have failed to refer Exts B5 and B6 licence dated 5/8/2017 and 4/5/2018 showing the permission granted for running the business of cotton bazar and shoe mart by the petitioner - tenant itself and not by the 3rd party. Therefore the ground of subletting was not sustainable.

Issue notice before admission by special messenger as well as through the counsel representing in the trial court.

In the meantime,there shall be an interim stay qua dispossession. Post on 20/11/2024. Call for TCR.

Sd/- AMIT RAWAL JUDGE

Sd/- EASWARAN S. JUDGE

26-09-2024 /True Copy/ Assistant Registrar