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Kerala High Court
Paraprath Mohanan vs Kunnapadi Jayachandran on 10 December, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:95220
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 10TH DAY OF DECEMBER 2025 / 19TH AGRAHAYANA, 1947
RCREV. NO. 255 OF 2025
AGAINST THE JUDGMENT DATED 05.08.2025 IN RCA NO.126 OF 2023
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV / RENT CONTROL
APPELLATE AUTHORITY, THALASSERY ARISING OUT OF THE ORDER/JUDGMENT
DATED 05.08.2023 IN RCP NO.72 OF 2021 OF MUNSIF COURT,
KUTHUPARAMBA
REVISION PETITIONER/APPELLANT/RESPONDENT:
PARAPRATH MOHANAN
AGED 69 YEARS
S/O. ANDY K P HARDWARE, 6 TH MILE ERUVATTY ROAD P O
KOTTAYAMPOYIL THALASSERY TALUK KANNUR DISTRICT,
PIN - 670691.
BY ADVS.
SMT.BINDUMOL JOSEPH
SRI.VINODKUMAR CHAMBALON
SMT.C.P.GOPIKA
RESPONDENT/RESPONDENTS & PETITIONERS:
KUNNAPADI JAYACHANDRAN
S/O. LATE MATTANGOTT BALAN, AGED 56 YEARS
CHANDRAKANTHAM HOUSE P O KOTTAYAMPOYIL THALASSERY TALUK
KANNUR DISTRICT-, PIN - 670691
2025:KER:95220
RCREV. NOs. 255 & 258 OF 2025 2
SRI.ADARSH KURIAN
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
10.12.2025, ALONG WITH RENT CONTROL REVISION NO.258 OF 2025 THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:95220
RCREV. NOs. 255 & 258 OF 2025 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 10TH DAY OF DECEMBER 2025 / 19TH AGRAHAYANA, 1947
RCREV. NO. 258 OF 2025
AGAINST THE JUDGMENT DATED 05.08.2025 IN RCA NO.131 OF 2023
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV / RENT CONTROL
APPELLATE AUTHORITY, THALASSERY ARISING OUT OF THE ORDER/JUDGMENT
DATED 05.08.2023 IN RCP NO.73 OF 2021 OF MUNSIF COURT,
KUTHUPARAMBA
REVISION PETITIONER/APPELLANT/RESPONDENT NO.1:
PARAPRATH MOHANAN
AGED 69 YEARS
S/O. ANDY K P HARDWARE, 6 TH MILE ERUVATTY ROAD P O
KOTTAYAMPOYIL THALASSERY TALUK KANNUR DISTRICT,
PIN - 670691.
BY ADVS.
SMT.BINDUMOL JOSEPH
SRI.VINODKUMAR CHAMBALON
SMT.C.P.GOPIKA
RESPONDENT/S:
KUNNAPADI JAYACHANDRAN
S/O. LATE MATTANGOTT BALAN AGED 56 YEARS CHANDRAKANTHAM
HOUSE P O KOTTAYAMPOYIL THALASSERY TALUK KANNUR
2025:KER:95220
RCREV. NOs. 255 & 258 OF 2025 4
DISTRICT-, PIN - 670691.
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
10.12.2025 ALONG WITH RENT CONTROL REVISION NO.255 OF 2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:95220
RCREV. NOs. 255 & 258 OF 2025 5
ORDER
A. Muhamed Mustaque, J.
These revision petitions are filed by the tenant challenging
the concurrent findings and orders of eviction passed by the Rent
Controller and Appellate Authority under Section 11(3) of the
Kerala Buildings (Lease and Rent Control) Act, 1965, (hereinafter
referred to as 'the Act'.
2. The landlord sought eviction for starting a business by his
wife. Landlord's wife wants to start business of sanitary and
electrical items. It appears that the landlord's wife is in occupation
of other rooms in the building. The court analysed the evidence of
the landlord and found that the need projected was genuine. The
tenant was unsuccessful in invoking protection under the second
proviso of Section 11(3) of the Act as he failed to adduce any
substantial evidence to prove that he was fully depending up on
the landlord's building and that there are no other buildings in the
locality to shift his business. The Rent Controller as well as the
appellate authority considered and analysed the evidence in
proper perspective which do not warrant interference by this
Court.
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3. The learned counsel for the tenant sought one year time to
surrender the building, however, this was opposed by the learned
counsel for the respondent.
Having considered the facts, we grant the revision
petitioner/tenant nine months time from today to surrender the
building, subject to the following conditions;
i. The tenant shall file an affidavit before the Rent Control
Court or the Execution Court, as the case may be, within
one week from today, expressing an unconditional
undertaking that he will surrender vacant possession of the
petition-scheduled shop room to the landlord on or before
10.09.2026 and that, the tenant shall not induct third
parties into possession of the petition-scheduled shop
room.
ii. The tenant shall deposit the entire arrears of rent as on
date, if any, before the Rent Control Court or the Execution
Court, as the case may be, within four weeks from today
and shall continue to pay rent for every succeeding month,
without any default;
iii. Needless to say, failing to comply with any one of the
2025:KER:95220
conditions stated above, the time limit granted by this
order to surrender vacant possession of the petition-
scheduled shop room will stand cancelled automatically,
and the landlord will be at liberty to proceed with the
execution of the order of eviction.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
HARISANKAR V. MENON
JUDGE
Sru
