IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 149 of 2010()
1. GEORGEKUTTY, S/O.UNNUNNI,
... Petitioner
Vs
1. SREEDHARAN, PUNNAKKATTETHU VEETTIL,
... Respondent
For Petitioner :SRI.K.SUBASH CHANDRA BOSE
For Respondent :SRI.S.SANAL KUMAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :18/08/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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R.C.R.Nos. 149 & 151 OF 2010
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Dated this the 18th day of August, 2010
O R D E R
Pius C.Kuriakose, J.
Under challenge in these revision petitions filed by the
landlord is the judgment of the Rent Control Appellate Authority
setting aside an ex parte order of eviction, which was passed
against the respondent, and directing adjudication of the rent
control petition on merits imposing condition that the respondent
shall pay a sum of Rs.3,000/- to the revision petitioner/landlord
as costs.
2. Even though several apparently serious grounds have
been raised against the judgment of the Appellant Authority in
the revision memoranda and Sri.K.Subashchandra Bose, learned
counsel for the revision petitioner addressed strenuous
arguments before us, we are not persuaded to hold that the
exercise of discretion by the learned Appellate Authority in the
matter of condoning the delay of 184 days and also in the
matter of setting aside the ex parte order of eviction is vitiated to
the extent of justifying interference by us in our present
RCR .Nos.141 & 151/2010 2
jurisdiction under Section 20 substantially. At the same time,
we feel that the learned District Judge was a little liberal towards
the tenant while fixing the terms on which relief was to be given
to him. It is submitted by Sri.Subashchandra Bose that the
building is situated close to Haripard junction and that if the
building is let out today, the same will fetch a minimum rent of
Rs.3,000/- per month.
3. Sri.S.Sanal Kumar, learned counsel for the
respondent/tenant sought time to seek instructions from his
client regarding the locality where the building is situated and
also regarding the probable rent which the building will fetch if
the same is let out today.
4. We are not inclined to grant time as we do not find any
reason for substantially interfering with the decision taken by the
Appellate Authority to set aside the ex parte order of eviction.
We are of the view, that the judgment of the Appellant
Authority can be sustained on modified conditions.
5. The result of the above discussions is, therefore, as
follows;
i). The judgment of the Appellate Authority impugned in
RCR .Nos.141 & 151/2010 3
these revision petitions will stand confirmed only if the
respondent pays to the revision petitioner either directly or
through his counsel in this court a further amount of Rs.2000/-
as costs(cost thus totaling to Rs.5,000/-) and files an affidavit
before the Rent Control Court within three weeks from today that
he shall, with effect from 15th September, 2010, pay rent to the
revision petitioner at the rate of Rs.2,000/- per month.
ii). We make it clear that though we have refixed the rent
as above as a condition for sustaining the relief given to the
respondent, such refixation is tentative. This means that if either
party is aggrieved by the refixation of rent at Rs.2,000/-, it is
open to him to file regular application before the Rent Control
Court under Section 5 for fixation of fair rent.
iii). Once the Rent Control Court notices compliance with
the above conditions, that Court will post the Rent Control
Petition to the nearest available date for filing of objections by
the respondent and once objections are filed, that court will, after
completing the pre trial steps, ensure that the RCP is disposed
of early and at any rate within four months of the day the court
reopens after Onam Holidays. If there is no compliance with the
RCR .Nos.141 & 151/2010 4
conditions, the judgment of the appellate authority will stand set
aside and the order of the Rent Control Court, which was
impugned before the Appellate Authority,will stand restored.
PIUS C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM , JUDGE
dpk