IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 72 of 2011()
1. ANANDAVALLI AMMA,
... Petitioner
2. ARUN KUMAR,S/O.ANANDAVALLI AMMA,
Vs
1. U.J.VARGHESE,
... Respondent
For Petitioner :SRI.K.A.ABDUL SALAM
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :01/02/2011
O R D E R
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
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R.P. No.72 of 2011 in
RCR No.4 OF 2011
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Dated this the 1st day of February , 2011
JUDGMENT
Pius C.Kuriakose, J.
We have heard Sri.K.A.Abdul Salam, learned counsel for the
review petitioners/landlords and Sri.M.P.Madhavan Kutty, learned
counsel for the respondent/tenant in extenso. We have
considered the submissions addressed by the learned counsel.
We have also gone through the materials placed on record,
particularly Annexures A1 an A2. We are of the view that our
order dated 5/1/2011 sought to be reviewed by the landlords
requires to be reviewed to a certain extent. The result of the
Review Petition, accordingly, will be as follows;
i). The decision to confirm the order of eviction passed by
the Rent Control Court and confirmed by the Appellate Authority
will stand.
ii). The decision under our order to grant to the revision
petitioner tenant time till 14/8/2011 will be subject to modified
R.P..No.72/2011 2
conditions. The condition incorporated in our order that the
petitioner/tenant should file an affidavit within two weeks from
5/1/2011 undertaking that he will surrender vacant
possession of the building to the landlords on or before
14/8/2011 and that he will pay occupation charges at the
current rent rate as and when the same falls due will stand
deleted and will be substituted by the following conditions;
The revision petitioner/tenant shall file an affidavit on or
before 7/2/2011 before the Execution Court undertaking as
follows;
“that he will pay a total amount of Rs.9,000/-
to the landlords either directly or through their
counsel in the Execution Court towards
damages for use and occupation and interest
for the building for the period till 7/1/2011.
It will also be undertaken through the same
affidavit that he will pay occupation charges
for the building for the period subsequent to
7/1/2011 till 14/8/2011 at the rate of
Rs.2,500/- per mensem. It will also be
R.P..No.72/2011 3
undertaken through the affidavit that the
building will be surrendered at the latest by
14/8/2011 and that in case any default is
caused by him in honouring any of the
undertakings in the affidavit, there will be no
objection to the Execution Court ordering
delivery of the petition schedule building even
before 14/8/2011.”
It is clarified that the arrears quantified at Rs.9,000/- as
above shall be paid by the revision petitioner/tenant within two
weeks from today.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
dpk