IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 115 of 2010()
1. P.K.PREMCHAND,S/O.CHANDRAPALAN, AGED 46,
... Petitioner
Vs
1. K.RENUKA NITHYANANTHAN,
... Respondent
For Petitioner :SRI.B.KRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :26/10/2010
O R D E R
PIUS C. KURIAKOSE &
P. S. GOPINATHAN, JJ.
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R. C. R. No.115 of 2010
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Dated this the 26th day of October, 2010
ORDER
Pius C. Kuriakose, J
By our order dated 01/06/10 we held that
there is no serious infirmity about the impugned
judgment of the Appellate Authority except to the
extent the Appellate Authority granted relief to the
respondent without imposing any condition. It was
for the purpose of imposing suitable conditions
that notice was issued to the respondent. Even
though notice is served on the respondent, she
has not entered appearance before this Court.
2. Having heard the submissions of
Sri.B.Krishnan, the learned counsel for the
revision petitioner, we are of the view that the
R. C. R. No.115 of 2010 -2-
impugned judgment of the Appellate Authority can
be modified by incorporating the following
conditions:-
1) The respondent/tenant is directed to
collect D.Ds for Rs.2,80,000/- dt.01/02/08, for
Rs.17,000/- dt.05/02/08, and for Rs.41,800/-
dt.07/02/08 produced before the Rent Control
Court and reckoned with by the Appellate
Authority for granting relief to the respondent and
produce re-validated DDs or fresh DDs for the
same amount within a period of one month of this
order being communicated to her. She will also
pay a sum of Rs.10,000/- to the revision
petitioner as cost within the above period.
The impugned judgment of the Appellate
Authority will become operative only if the above
conditions are complied with strictly. If the
R. C. R. No.115 of 2010 -3-
conditions are not complied with the judgment of
the Appellate Authority will stand set aside and
the order of the Rent Control Court will stand
restored. The revision petitioner is directed to
send a copy of this order as and when he receives
the same by Registered Post with
acknowledgment due to the respondent/landlady
and produce the postal acknowledgment card
before the Rent Control Court. Issue copy today
itself.
PIUS C. KURIAKOSE
JUDGE
P. S. GOPINATHAN
JUDGE
kns/-