Muhammed Basheer vs Palapetty Beeran
2025 Latest Caselaw 1780 Ker

Kerala High Court

Muhammed Basheer vs Palapetty Beeran on 31 July, 2025

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

RCREV. NOs. 71 OF 2020 &
133 OF 2020                           1         2025:KER:56962

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

   THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947

                      RCREV. NO. 71 OF 2020

          AGAINST THE JUDGMENT AND DECREE DATED 21.12.2019 IN

RCA NO.50 OF 2018 OF ADDITIONAL DISTRICT COURT/RENT CONTROL

 APPELLATE AUTHORITY, TIRUR ARISING OUT OF THE ORDER DATED

27.02.2018 IN RCP NO.22 OF 2015 OF RENT CONTROL COURT, TIRUR

REVISION PETITIONER/RESPONDENT IN R.C.A./PETITIONER IN
R.C.P.:

            MUHAMMED BASHEER,
            AGED 53 YEARS
            S/O.KAINIKKARA MAMMI,
            THEKKAN KUTTOR, AMSOM DESOM,
            TIRUR TALUK,
            PIN - 676 101.


            BY ADVS.
            SMT.A.PARVATHI MENON
            SRI.P.SANJAY




RESPONDENTS/FIRST APPELLANT AND RESPONDENTS 2-8 IN R.C.A.
(LEGAL HEIRS OF DECEASED 2ND RESPONDENT IN R.C.P)/FIRST
RESPONDENT IN R.C.P:

    1       PALAPETTY BEERAN
            AGED 53 YEARS
 RCREV. NOs. 71 OF 2020 &
133 OF 2020                        2         2025:KER:56962

         S/O.PALAPETTY MUHAMMED,
         PALAPPETTY HOUSE,
         TIRUR AMSOM, KOTTDESOM,
         TIRUR TALUK,
         PIN-676101.

    2    SUMAYYA,(DELETED AS PER ORDER DATED 14.07.2025)
         AGED 24 YEARS
         D/O.PALAPPETTY NAJEEB,
         PALAPPETTY HOUSE,
         TIRUR AMSOM,
         KOTTDESOM,
         TIRUR TALUK,
         PIN-676101.

    3    SHIBIL,(DELETED AS PER ORDER DATED 14.07.2025)
         AGED 22 YEARS
         D/O.PALAPPETTY NAJEEB,
         PALAPPETTY HOUSE,
         TIRUR AMSOM,
         KOTTDESOM,
         TIRUR TALUK,
         PIN-676101.

    4    SHADA NIHALA, (DELETED AS PER ORDER DATED
         14.07.2025)
         AGED 17 YEARS
         (MINOR),
         D/O.PALAPPETTY NAJEEB,
         PALAPPETTY HOUSE,
         TIRUR AMSOM,
         KOTTDESOM,
         TIRUR TALUK,
         PIN-676101,
         REPRESENTED MOTHER RAHMATHUNNEESA.

    5    MOHAMMED SAMAS, (DELETED AS PER ORDER DATED
         14.07.2025)
         AGED 15 YEARS
         (MINOR),
         S/O.PALAPPETTY NAJEEB,
         PALAPPETTY HOUSE,
         TIRUR AMSOM,
         KOTTDESOM,
         TIRUR TALUK,
         MINORS RESPONDENTS 4 AND 5 REPRESENTED R6,
         MOTHER RAHMATHUNNEESA,
         PIN-676101.
 RCREV. NOs. 71 OF 2020 &
133 OF 2020                         3                 2025:KER:56962


    6    RAHMATHUNNEESA, (DELETED AS PER ORDER DATED
         14.07.2025)
         AGED 42 YEARS
         W/O.PALAPPETTY NAJEEB,
         PALAPPETTY HOUSE,
         TIRUR AMSOM,
         KOTTDESOM,
         TIRUR TALUK,
         PIN-676101.

    7    PALAPPETTY IBRAHIM HAJI,(DELETED AS PER ORDER
         DATED 14.07.2025)
         AGED 68 YEARS
         S/O.MAMMED,
         PALAPPETTY HOUSE,
         TIRUR AMSOM,
         KOTTDESOM,
         TIRUR TALUK,
         PIN-676101.

    8    SAINABA, (DELETED AS PER ORDER DATED 14.07.2025)
         AGED 60 YEARS
         W/O.PALAPPETTY IBRAHIM HAJI,
         PALAPPETTY HOUSE,
         TIRUR AMSOM,
         KOTTDESOM,
         TIRUR TALUK,
         PIN-676101.

         RESPONDENTS 2 TO 8 ARE DELETED FROM THE PARTY
         ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER
         DATED 14.07.2025 IN IA 2/2025 IN RCR.71/2020.


         BY ADVS.
         SRI.N.M.MADHU
         SMT.C.S.RAJANI



     THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
31.07.2025,   ALONG   WITH   RCRev..133/2020,   THE    COURT   ON   THE
SAME DAY DELIVERED THE FOLLOWING:
 RCREV. NOs. 71 OF 2020 &
133 OF 2020                           4          2025:KER:56962


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

   THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947

                      RCREV. NO. 133 OF 2020

          AGAINST THE JUDGMENT AND DECREE DATED 21.12.2019 IN

RCA NO.49 OF 2018 OF ADDITIONAL DISTRICT COURT/RENT CONTROL

 APPELLATE AUTHORITY, TIRUR      ARISING OUT OF THE ORDER DATED

27.02.2018 IN RCP NO.23 OF 2015 OF RENT CONTROL COURT, TIRUR

REVISION PETITIONER/RESPONDENT NO.1 IN R.C.A/PETITIONER IN
R.C.P.:

            MUHAMMED BASHEER
            AGED 53 YEARS
            S/O. KAINIKKARA MAMMI,
            THEKKANKUTTOR AMSOM DESOM,
            TIRUR TALUK, PIN-676 101.


            BY ADVS.
            SMT.A.PARVATHI MENON
            SRI.P.SANJAY




RESPONDENTS/APPELLANT AND RESPONDENTS 2-8 IN R.C.A.(LEGAL
HEIRS OF DECEASED 2ND RESPONDENT IN R.C.P)/FIRST RESPONDENT
IN R.C.P:

    1       PALAPETTY BEERAN
            AGED 53 YEARS
 RCREV. NOs. 71 OF 2020 &
133 OF 2020                     5            2025:KER:56962

         S/O. PALAPETTY MUHAMMED,
         PALAPPETTY HOUSE,
         TIRUR AMSOM,
         KOTT DESOM,
         TIRUR TALUK, PIN- 676 101.

    2    SUMAYYA,
         AGED 24 YEARS
         D/O. PALAPETTY NAJEEB,
         PALAPPETTY HOUSE,
         TIRUR AMSOM,
         KOTT DESOM,
         TIRUR TALUK, PIN- 676 101.
         (DELETED FROM THE PARTY ARRAY AS PER
         ORDER DATED 14/07/2025 IN IA 2/2025 IN
         RCR 133/2020)

    3    SHIBIL,
         AGED 22 YEARS
         D/O. PALAPETTY NAJEEB,
         PALAPPETTY HOUSE,
         TIRUR AMSOM,
         KOTT DESOM,
         TIRUR TALUK, PIN- 676 101.
         (DELETED FROM THE PARTY ARRAY AS PER ORDER
         DATED 14/07/2025 IN IA 2/2025
         IN RCR 133/2020)

    4    SHADA NIHALA,
         AGED 17 YEARS
         (MINOR),
         D/O. PALAPETTY NAJEEB,
         PALAPPETTY HOUSE,
         TIRUR AMSOM,
         KOTT DESOM,
         TIRUR TALUK, PIN- 676 101.
         (DELETED FROM THE PARTY ARRAY AS PER ORDER
         DATED 14/07/2025 IN IA 2/2025
         IN RCR 133/2020)

    5    MOHAMMED SAMAS,
         AGED 15 YEARS
         (MINOR), S/O. PALAPETTY NAJEEB,
         PALAPPETTY HOUSE,
         TIRUR AMSOM,
         KOTT DESOM,
         TIRUR TALUK, PIN- 676 101.
         (DELETED FROM THE PARTY ARRAY
 RCREV. NOs. 71 OF 2020 &
133 OF 2020                         6        2025:KER:56962

          AS PER ORDER DATED 14/07/2025 IN
          IA 2/2025 IN RCR 133/2020)

    6     RAHMATHUNNEESA,
          AGED 42 YEARS
          MINOR,
          W/O. PALAPETTY NAJEEB,
          PALAPPETTY HOUSE,
          TIRUR AMSOM,
          KOTT DESOM,
          TIRUR TALUK, PIN- 676 101.
          (DELETED FROM THE PARTY ARRAY
          AS PER ORDER DATED 14/07/2025 IN
          IA 2/2025 IN RCR 133/2020)

    7     PALAPPETTY IBRAHIM HAJI,
          AGED 68 YEARS
          S/O. MAMMED,
          PALAPPETTY HOUSE,
          TIRUR AMSOM, KOTT DESOM,
          TIRUR TALUK, PIN- 676 101.
          (DELETED FROM THE PARTY ARRAY
          AS PER ORDER DATED 14/07/2025
          IN IA 2/2025 IN RCR 133/2020)

    8     SAINABA,
          AGED 60 YEARS
          W/O. PALAPETTY IBRAHIM HAJI,
          PALAPPETTY HOUSE,
          TIRUR AMSOM,
          KOTT DESOM,
          TIRUR TALUK, PIN- 676 101.
          (DELETED FROM THE PARTY ARRAY
          AS PER ORDER DATED 14/07/2025 IN
          IA 2/2025 IN RCR 133/2020)


         BY ADVS.
         SRI.N.M.MADHU
         SMT.C.S.RAJANI


        THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD
ON 31.07.2025, ALONG WITH RCRev..71/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 RCREV. NOs. 71 OF 2020 &
133 OF 2020                        7                  2025:KER:56962

                           ORDER

A.Muhamed Mustaque, J.

These Rent Control Revisions were filed by the landlord

challenging the dismissal of applications for eviction. The

matters were referred to mediation. The parties have settled

their disputes through mediation. The tenant agreed to pay an

enhanced rent of Rs.11,000/- per month and has also paid

arrears of rent amounting to Rs.6,70,000/-. There is also an

agreement for periodic revision of the rent.

In such circumstances, these revisions are disposed of

by recording the settlement. The settlement agreement shall

form part of this judgment. Both the landlord and the tenant

shall be bound by the terms and conditions agreed upon in the

agreement for their future relationship.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

HARISANKAR V. MENON JUDGE rkj BEFORE THE HONOURABLE HIGH COURT OF KERALA

AT ERNAKULAM RCR EV Nos.133 of 2020 & 71 of 2020

Muhammed Basheer : Revislon Petitloner

Palapetty Basheer &Others Respondents MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 89 OF THE CODE OF CVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE ALTERNATTVE DISPUTE RESOLUTION), RULES, 2008:

(arising from the judgment and decree dated 21.12.2019 in RCA No. 50/2018 and RCA No. 49/2018 on the file of the Rent Control Appellate Authority. Tirur, in RCP Nos. 22/2015 and 23/2015 respectively).

The above revision petitions have been filed by the landlord (hereinafter referred to as the First Party) challengng the judgment passed by the Learned Rent Control Appellate Authority, Tirur, whereby eviction sought on the ground of material alteration was disallowed, setting aside the findings of the Rent Control Court which had ortginally decreed eviction in favour of the landlord.

                   RCREV NOS. 133 OF 2020 &71 OF 2020

                         Revision Petitioner

                         Muhammed Basheer


                          lst Respondent
                GENTRE    Palapetty Beeran

The properties in question are two shop rooms bearing Nos. 6/538 and 6/537 of Tirur Municipality, which were orlginally let out to the Second Party (first respondent in the revision petitlons). Alleging subleting and unauthorized structural modifications, the landlord had initiated evictlon proceedings. During the pendency of the revisions, the parties were referred to mediation and have now reached an amicable settlement under the

following terms and conditions:

1. Settlement of Arrears of Rent:

The total arrears of rent agreed upon by both parties amounts to Rs.6,70,000/- (Rupees Six Lakh Seventy Thousand only). Out of this, the Second Party has already paid a sum of E3,00,000/- (Rupees Three Lakh only) to the First Party on 30/06/2025 The balance amount of Rs. 3,70,000/- (Rupees Three Lakh First Party Seventy Thousand only) shall be paid in full to the on or before 25.07.2025.

2. Revised Rent and Payment Term:

each shop With effect from 01.07.2025, the monthly rent for 11,000/- (Rupees Eleven room shall be revised and fixed at Rs.

monthly rent of Rs.

Thousand only), aggregating to a total 22,000/- (Rupees Twenty Two Thousand only) for both rooms.

                                                OF 2020


                          Revision Petitioner

                        Muhammed Basheer



                ERHAS     lst Respondent
                          Palapetty Beeran

TheSecond Party has agreed to continue in possession of the premises and pay the revised rent regularly up to the year 2027, after applying a monthly deductlon of Rs. 2,000/-, i.e., net rent payable shall be Rs. 20.000/- per month during this perlod.

3. Annual Increase in Rent:

Both parties have mutually agreed that an annual increase of 5% shall be applied to the rent amount startíng from 01.07.2026, and the Second Party shall be llable to pay the revised rent accordíngly each year.

4.The Revision Petitioner will file an application to delete Respondent numbers 2 to 8 from the party array as 1* Respondent is the tenant and the agreement for settlement of this case is reached at between the Revision Petitioner and 1* Respondent.

Dated this the 8th day of July, 2025.

RCREV NOS. 133OF 2020 &71 OF 2020 Revislon Petitioner Muhammed Basheer

Respondent Palapetty Beeran

Coungel for the Revision Peitioner Counselfor the 1* Respondent

(K A6|41) This settlement agreement jis authenticated by me.

Adv.Marzoor Ali K.A.(Mediator) CENTRC