Ayyappallil Ebrahim vs P.Narayana Kutty Nair Alias … on 17 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev..No. 201 of 2006()


1. AYYAPPALLIL EBRAHIM,
                      ...  Petitioner
2. HAMZA, BROTHER OF EBRAHIM,
3. BEERAN KOYA, BROTHER OF EBRAHIM,
4. AYYAPPALLIL KADEEJA,

                        Vs



1. P.NARAYANA KUTTY NAIR ALIAS NARAYANAN
                       ...       Respondent

2. P.GOPALAKRISHNAN NAIR,

                For Petitioner  :SRI.K.C.CHARLES

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN

 Dated :17/12/2010

 O R D E R
                    PIUS C. KURIAKOSE &
                  N.K.BALAKRISHNAN, JJ.
                  ----------------------------------
                     R.C.R. No.201 of 2006
                    ------------------------------
        Dated this the 17th day of December 2010


                            O R D E R

Pius C. Kuriakose, J.

The landlords in this RCR challenge the order of the

statutory authorities declining eviction on the ground of under

Section 11(4)(ii) of Act 2 of 1965. They challenge in this revision

the judgment of the learned Appellate Authority declining the

order of eviction in the RCP reversing the eviction order which

had been granted in their favour by the Rent Control Court. As

this revision come up for hearing and disposal, it is submitted by

Sri.Jayesh Mohankumar on the basis of instructions from his

clients that the 2nd respondent in the RCR is no more and that

the 1st respondent alone continued in possession of the building

and that the keys of the building have been deposited before the

Court below. Mr.A.Balagopalan submitted that his clients, the

revision petitioners have no information regarding the deposit of

the keys before the Rent Control Court. The first revision

petitioner Sri.Ayyappallil Ebrahim, entered appearance before us

R.C.R. No.201 of 2006

-: 2 :-

and we asked him whether he is having any information

regarding the deposit of keys of his building before the

Kozhikode Rent Control Court. He submitted that he has no

information. However, as it is asserted by Mr.Jayesh

Mohankumar that the building has been vacated and the key

pertaining to the building is deposited before the Rent Control

Court, we record the above submission and dispose of this RCR

observing that it will be open to the petitioners to assume

possession of the building any time. The grievance if any of the

petitioner regarding the payment of arrears of rent and damages

if any caused to the building, can be get redressed by initiating

appropriate fresh proceedings.

PIUS C. KURIAKOSE,
JUDGE.

N.K.BALAKRISHNAN,
JUDGE.

Jvt