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Karakkandathil Bharathan vs C.K.Rukhiya on 18 October, 2010

Kerala High Court
Karakkandathil Bharathan vs C.K.Rukhiya on 18 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev..No. 144 of 2010()


1. KARAKKANDATHIL BHARATHAN,
                      ...  Petitioner

                        Vs



1. C.K.RUKHIYA, W/O.LATE MAMMU HAJI,
                       ...       Respondent

2. C.K.NAZEEMA, D/O.LATE MAMMU HAJI,

3. C.K.RAZIYA, D/O.LATE MAMMU HAJI,

4. C.K.NAZEER, S/O.LATE MAMMU HAJI,

5. C.K.SUBAIR, S/O.LATE MAMMU HAJI,

6. C.K.REHMANTH, D/O.LATE MAMMU HAJI,

7. C.K.ZEENATH, D/O.LATE MAMMU HAJI,

8. C.K.SAMEER, S/O.LATE MAMMU HAJI,

                For Petitioner  :SRI.GRASHIOUS KURIAKOSE

                For Respondent  :SRI.V.R.KESAVA KAIMAL

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :18/10/2010

 O R D E R
         PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ.
                       ------------------------
                 RCR.Nos. 144 & 145 OF 2010
                       ------------------------

          Dated this the 29th day of November, 2010

                             O R D E R

Pius C.Kuriakose, J.

Under challenge in these revisions is a common judgment

of the Rent Control Appellate Authority ordering eviction against

the revision petitioners tenants under sub section (3)of Section

11 reversing the order of the rent control court dismissing the

application finding that the need is bona fide and that the rent

control petitions are liable to fail by virtue of the first proviso to

sub section(3) of Section 11.

2. In these revisions various grounds have been raised

assailing the judgment of the appellate authority. Sri. Grashious

Kuriakose, learned counsel for the revision petitioners, addressed

arguments on the basis of those grounds. All the arguments of

Grashious Kuriakose were stiffly opposed by Sri.V.R.K.Kamal,

learned counsel for the respondents.

3. Having considered the rival submissions addressed before

us, we feel that the question, whether the rent control petitions

R.C.R.Nos.144 & 145/2010 2

are liable to fail by virtue of the first proviso to sub section (3) of

Section 11, needs to be reconsidered by the rent control

appellate authority. There is stiff controversy between the

parties as to whether the entire upstair portion of the larger

building, portions of which are the petition schedule buildings, is

remaining vacant.

4. Under the above circumstances, we are inclined to

interfere with the orders passed by the statutory authorities

and relegate the issue back to the appellate authority. But we

notice another aspect of the matter. The revision petitioners are

paying rent only at the rate of Rs.550/- per month for these

buildings. Having regard to the commercial importance of the

locality an important area of Chakkarakkal town near Kannur,

we feel that the rent, which is being paid presently, is below the

rent which the building may fetch if the same is let out today.

We are inclined to refix the rent tentatively at Rs.1,000/- per

month with effect from 1st December 2010.

5. The result of the above discussion is as follows;

i). The revision petitions are allowed.

ii) The judgment of the appellate authority and the order of

R.C.R.Nos.144 & 145/2010 3

the rent control court are set aside.

Iii). The RCAs are remanded to the appellate authority.

The appellate authority is directed to decide the question whether

the rent control petitions are liable to fail by virtue of the first

proviso to sub section (3) of Section 11. The appellate authority

will permit both sides to adduce documentary evidence(including

commissioner’s reports) on the above question under the 1st

proviso to sub section (3) of Section 11.

iv). The finding that the need is bona fide is confirmed.

v). The appellate authority will complete further enquiry

and pass revised judgment at the earliest and at any rate within

three months of parties entering appearance before the appellate

authority pursuant to this order.

vi). The rent payable by each of the revision petitioners is

fixed tentatively with effect from 1st December 2010 at

Rs.1,000/- per month. This refixation is tentative and it is open

to either party if aggrieved, to approach the rent control court by

filing regular application under Section 5 (4) for fixation of fair

rent . Till such time fair rent is fixed, the revision petitioners

shall pay rent at the rate of Rs.1,000/- per month.

R.C.R.Nos.144 & 145/2010 4

The parties shall enter appearance before the appellate

authority on 20/12/2010.

PIUS C.KURIAKOSE,JUDGE

P.S.GOPINATHAN, JUDGE
dpk

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