Shine vs Prabhakaran

SHINE vs Prabhakaran

Type Court Judgment Court Kerala Decided Jul 25, 2024

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https://sooperkanoon.com/case/1327886

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Citation: sooperkanoon.com/1327886
Court: Kerala High Court
Judge: Honourable Mr. Justice Amit Rawal,Honourable Mr. Justice Easwaran S.
Decided On: Jul 25, 2024
Case Number: RCRev./132/2024

Parties & Advocates

Appellant / Petitioner

SHINE

Respondent

Prabhakaran

Excerpt

.....judgment of the rent control appellate authority whereby the order of the rent petition bearing no.144 of 2013 preferred by the respondents-landlords for seeking the eviction on the ground of personal necessity has been upheld.2. after arguing for some time, we also do not findany illegality or perversity in the order. faced with the situation, counsel for the petitioner seeks 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 on or before 24.01.2025 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 rcrev. no. 132 of 2024 -4-judgment.ii) tenant is directed to file an undertaking to this effect 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. amit rawal easwaran s. vv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR. JUSTICE EASWARAN S. THURSDAY, THE 25TH DAY OF JULY 2024 / 3RD SRAVANA, 1946 RCREV. NO. 132 OF 2024 AGAINST THE JUDGMENT DATED 27.03.2024 IN RCA NO.19 OF 2022 OF

DISTRICT COURT & SESSIONS COURT,THRISSUR ARISING OUT OF THE ORDER

DATED 14.09.2021 IN RCP NO.144 OF 2013 OF MUNSIFF COURT,CHAVAKKAD REVISION PETITIONER(S)/APPELLANT/2ND RESPONDENT: SHINE AGED 48 YEARS S/O PANAKKAL GANGADHARAN, PANAKKAL HOUSE, ELAVALLY AMSOM, VILLAGE AND DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680511 BY ADVS. RAJIT V.V.JOY RESPONDENT(S)/RESPONDENTS/PETITIONERS & RESPONDENT 1 & 3: 1 PRABHAKARAN AGED 72 YEARS S/O LATE KALLINGAL KUTTAPPAN, ELAVALLY VILLAGE AND DESOM, CHAVAKKAD, THRISSUR, PIN - 680511

2 LEELA AGED 64 YEARS W/O KALLINGAL PRABHAKARAN, ELAVALLY VILLAGE AND DESOM, 3 SUDHEER 4 ROY CHAVAKKAD TALUK, THRISSUR, PIN - 680511 RCREV. NO. 132 OF 2024 -2- BY ADV P.RAMACHANDRAN THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 25.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RCREV. NO. 132 OF 2024 -3-

JUDGMENT

Amit Rawal, J.

1. Petitioner-tenant is in Revision petition against

the judgment of the Rent Control Appellate Authority whereby the order of the rent petition bearing No.144 of 2013 preferred by the respondents-landlords 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 seeks 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 on or before 24.01.2025 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 RCREV. NO. 132 OF 2024 -4-

judgment.

II) Tenant is directed to file an undertaking to this effect 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. AMIT RAWAL EASWARAN S. vv

Same Court & Year Kerala · 2024 Same Parties SHINE vs Prabhakaran Same Judge Honourable Mr. Justice Amit Rawal,Honourable Mr. Justice Easw...