High Court Kerala High Court

Merlyn.N. Calab vs Mrs. Leela Karunakaran on 22 July, 2009

Kerala High Court
Merlyn.N. Calab vs Mrs. Leela Karunakaran on 22 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 2404 of 2002(A)


1. MERLYN.N. CALAB, D/O. C.L. CALAB,
                      ...  Petitioner
2. JESWANTH N. CALAB, S/O. C.L.CALAB,

                        Vs



1. MRS. LEELA KARUNAKARAN, D/O. K.C. KUTTY,
                       ...       Respondent

2. SURESH M. CALAB, S/O. C.L. CALAB,

3. SISSTER SOBHANA O. CALAB,

4. BROTHER RAMESH O. CALAB,  DO.  DO.

                For Petitioner  :SRI.M.P.SREEKRISHNAN

                For Respondent  :SRI.C.P.MOHAMMED NIAS

The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :22/07/2009

 O R D E R
            PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ.
           -------------------------------------------------
                        C.R.P. 2404 of 2002
            -------------------------------------------------
                       Dated: JULY 22, 2009

                             ORDER

Pius C. Kuriakose, J.

The revision is remaining in the defect list on the reason

that steps have not been taken for impleading the legal heirs of

deceased landlord. But it is submitted on behalf of senior

counsel Sri M.C. Sen that the tenant/revision petitioner is ready

and willing to surrender the premises. On going through the

impugned judgment of the Rent Control Appellate Authority, we

feel that there is no warrant at all for invoking the revisional

jurisdiction under sec.20, since the findings entered thereon are

founded on legal evidence available on record as agreed to by

both sides, we reject the CRP. However, it is directed that the

Execution Court shall not order and effect delivery of the petition

schedule building till 30.9.2009 subject to the following condition:

The revision petitioner/tenant shall file an affidavit

before the Execution Court if execution petition is pending

or before the Rent Control Court within three weeks from

today stating that he will peacefully surrender possession of

C.R.P. 2404 of 2002 2

the petition schedule building to the legal heirs of the

deceased landlord on or before 30.9.2009.

PIUS C. KURIAKOSE, JUDGE

P.Q. BARKATH ALI, JUDGE

mt/-