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.
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C.R.P. 2404 of 2002
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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/-