High Court Kerala High Court

K.P.Sreejayan vs Dr.Subramanian on 18 October, 2010

Kerala High Court
K.P.Sreejayan vs Dr.Subramanian on 18 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev..No. 308 of 2010()


1. K.P.SREEJAYAN,S/O.LATE K.P.GOVINDAN,
                      ...  Petitioner

                        Vs



1. DR.SUBRAMANIAN,S/O.K.P.CHERIYAKKAN,
                       ...       Respondent

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :SRI.A.BALAGOPALAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :18/10/2010

 O R D E R
                PIUS C. KURIAKOSE &
                P. S. GOPINATHAN, JJ.
    ------------------------------------------------
          R. C. R. Nos.308 & 309 of 2010
    ------------------------------------------------
      Dated this the 18th day of October, 2010

                       ORDER

Pius C. Kuriakose, J

Though apparently attractive grounds have been

raised in these revisions and Sri.T.G.Rajendran, the

learned counsel for the revision petitioner addressed

very strenuous and persuasive arguments in support

of all the grounds, we are unable to find any illegality,

irregularity or impropriety about the judgment of the

Appellate Authority confirming the order of eviction

passed under sub Section 3 of Section 11.

Sri.Rajendran, in fact, placed before us the

photographs of the building where the landlord is

presently having his clinic. He also drew our attention

to the plan submitted by the Advocate Commissioner

of the above building. We do not think that there is

R. C. R. Nos.308 & 309 of 2010 -2-

space or facility available in that building for the

landlord to conduct the proposed business of selling

spectacles in the above building which is in fact a

small building situated in the residential compound of

the landlord.

2. Having regard to the well defined contours of

the jurisdiction under Section 20, we are not in a

position to say that the conclusions concurrently

arrived at by the Rent Control Court and the Appellate

Authority in favour of the landlord are vitiated.

3. The revisions necessarily will have to fail and

will stand dismissed. We dismiss the revisions.

4. After we pronounced the order

Sri.T.G.Rajendran submitted that if notice is issued to

the respondents there is every likelihood of the parties

coming to a compromise. He further submitted that

even if a compromise is not arrived at, the revision

petitioner may have to be given an unusually long

R. C. R. Nos.308 & 309 of 2010 -3-

period of time for surrendering the premises. In view

of the above submissions though we have dismissed

the RCRs we are inclined to issue notice. Issue urgent

notice by speed post. Post on 29/10/10.

I.A. Nos.2557 & 2560 of 2010

Interim stay for six weeks.

PIUS C. KURIAKOSE
JUDGE

P. S. GOPINATHAN
JUDGE
kns/-