Damodharan vs Sarala

Type Court Judgment Court Kerala Decided Dec 01, 2023

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https://sooperkanoon.com/case/1406006

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Citation: sooperkanoon.com/1406006
Court: Kerala High Court
Judge: Honourable Mr. Justice P.B.Suresh Kumar,Honourable Mr. Justice Johnson John
Decided On: Dec 01, 2023
Case Number: RCRev./258/2023

Parties & Advocates

Appellant / Petitioner

Damodharan

Respondent

Sarala

Excerpt

.....kumar & johnson john, jj. dated this the 01st day of december, 2023orderp.b.suresh kumar, j.the tenants in a proceedings for eviction under the kerala buildings (lease and rent control) act, 1965 (the act) have instituted this revision petition challenging the concurrent orders of eviction suffered by them in a proceedings under sections 11(2)(b) and 11(3) of the act.2. after arguing the matter for quite some time,having convinced that the various arguments raised on behalf of the petitioners are not acceptable to the court, the learned counsel for the petitioners prayed for indulgence for a reasonable time to surrender vacant possession of the premises, which is the subject matter of the proceedings, to the respondents.3. having regard to the facts and circumstances of thecase as also the orders passed in similar and identical revisions, the rent control revision is disposed of granting six months' time from -:4:- today to the petitioners to surrender vacant possession of the premises on condition that they shall file an unconditional undertaking before the rent control court within two weeks from the date of receipt of a copy of this order to vacate the tenanted premises within six months and also that they shall pay the arrears of rent, if any, within the aforesaid time limit and continue to pay the monthly rent on or before the tenth day of every succeeding month, till they vacate the premises. p.b.suresh kumar, judge. johnson john, judge. ds 01.12.2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR & THE HONOURABLE MR. JUSTICE JOHNSON JOHN FRIDAY, THE 1ST DAY OF DECEMBER 2023 / 10TH AGRAHAYANA, RCREV. NO. 258 OF 2023 AGAINST THE ORDER DATED 31.12.2019 IN RCP NO.37 OF 2016 OF MUNSIFF COURT,CHAVAKKAD CONCURRING WITH THE COMMON

JUDGMENT IN RCA NO.104 OF 2019 DATED 30.09.2023 OF

DISTRICT COURT & SESSIONS COURT, THRISSUR REVISION PETITIONERS/APPELLANTS/RESPONDENTS: 1 DAMODHARAN, AGED 73 YEARS S/O. VELAPPAN, KANNEMKOTT VEETTIL, 2 DASAN @ DEVADASAN, AGED 45 YEARS S/O. DAMODHARAN, KANNEMKOTT VEETTIL, BY ADV SAIJO HASSAN RESPONDENTS/RESPONDENTS/PETITIONERS: 1 SARALA, AGED 55 YEARS W/O. THOTTAPARAMBATH VEETTIL RAJAN,

2 REJIN, AGED 33 YEARS S/O. THOTTAPARAMBATH VEETTIL RAJAN, THRITHALLUR DESOM, VADANAPPILLY VILLAGE, CHAVAKKAD TALUK, PIN - 680619 -:2:-

3 RETHIN, AGED 30 YEARS S/O. THOTTAPARAMBATH VEETTIL RAJAN, BY ADVS. T.K.ASOKAN (Therlli) RASMI NAIR T.(K/1715/2000) K.R.DALLY(K/56/2012) THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 01.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:3:- P.B.SURESH KUMAR & JOHNSON JOHN, JJ. Dated this the 01st day of December, 2023

ORDER

P.B.Suresh Kumar, J.

The tenants in a proceedings for eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act) have instituted this revision petition challenging the concurrent orders of eviction suffered by them in a proceedings under Sections 11(2)(b) and 11(3) of the Act.

2. After arguing the matter for quite some time,

having convinced that the various arguments raised on behalf of the petitioners are not acceptable to the court, the learned counsel for the petitioners prayed for indulgence for a reasonable time to surrender vacant possession of the premises, which is the subject matter of the proceedings, to the respondents.

3. Having regard to the facts and circumstances of the

case as also the orders passed in similar and identical revisions, the rent control revision is disposed of granting six months' time from -:4:- today to the petitioners to surrender vacant possession of the premises on condition that they shall file an unconditional undertaking before the Rent Control Court within two weeks from the date of receipt of a copy of this order to vacate the tenanted premises within six months and also that they shall pay the arrears of rent, if any, within the aforesaid time limit and continue to pay the monthly rent on or before the tenth day of every succeeding month, till they vacate the premises. P.B.SURESH KUMAR, JUDGE. JOHNSON JOHN, JUDGE. ds 01.12.2023

Same Court & Year Kerala · 2023 Same Parties Damodharan vs Sarala Same Judge Honourable Mr. Justice P.B.Suresh Kumar,Honourable Mr. Justic...