IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 378 of 2005()
1. THOMAS MONACHAN, AGED 46 YEARS,
... Petitioner
Vs
1. A. SIVADASAN ALIAS SIVANANDAN,
... Respondent
For Petitioner :SRI.SHAJI P.CHALY
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :04/08/2009
O R D E R
PIUS C. KURIAKOSE &
P. Q. BARKATH ALI, JJ.
------------------------------------------------
R. C. R. No.378 of 2005
------------------------------------------------
Dated this the 4th day of August, 2009
ORDER
Pius C. Kuriakose, J
Having regard to the extensive submissions
which were addressed before us by Sri.S.P.Chaly, the
learned counsel for the petitioner/landlord and
Sri.Sunil Jacob Jose, the learned counsel for the
respondent/tenant, we are of the view that the
landlord ought to be given an opportunity to amend
his pleadings so that he can offer special reasons
through pleadings for his eligibility to obtain eviction
despite him being possessed of other buildings of his
own. But we are not inclined to grant such opportunity
unconditionally. We are inclined to impose terms. But
at the same time, we also find that the current
R. C. R. No.378 of 2005 -2-
monthly rent of Rs.600/- fixed years ago is far below
the fair rent which is payable for the building. We are
inclined to tentatively re-fix the monthly rent payable
by the respondent/tenant at Rs.1,000/- prospectively.
2. The result of the discussion is as follows:-
The judgment of the Rent Control Appellate
Authority and the order of the Rent Control Court are
set aside. The RCP is remanded to the Rent Control
Court. That court is directed to allow applications for
amendment of pleadings to be filed by the landlord.
Once the pleadings are amended, opportunity will be
given to the tenant for raising counter pleadings. Once
the pleadings are completed, one opportunity each will
be granted by the learned Subordinate Judge for both
sides for taking pre-trial steps, if any, and thereafter
the RCP will be posted for trial. Being an old RCP, top
R. C. R. No.378 of 2005 -3-
priority will be given to the RCP and revised judgment
will be passed on the basis of the entire evidence
which come on record. The above order of remand will
become operative only subject to the following
conditions:-
1) The revision petitioner/landlord pays a sum of
Rs.1,500/- by way of cost to the tenant either directly
or through his counsel in this Court within ten days
from today.
2) The revision petitioner will similarly pay a
further amount of Rs.1,000/- to the Kerala Mediation
Centre within ten days from today and produces
receipt before this Court.
The monthly rent payable for the building is
tentatively re-fixed at Rs.1,000/- prospectively with
effect from 1st September, 2009. It is made clear that
R. C. R. No.378 of 2005 -4-
our tentative re-fixation of the monthly rent is subject
to the right of either of parties to move competent
court for fixation of fair rent.
3. This RCR is allowed by way of remand.
PIUS C. KURIAKOSE
JUDGE
P. Q. BARKATH ALI
JUDGE
kns/-