IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 132 of 2007()
1. RAGHAVAN, RESIDING AT SOUPARNIKA,
... Petitioner
2. U.PRASANNA KUMARI, RESIDING AT
Vs
1. LAKSHMI, W/O.RAGHAVAN, AISWARAYA,
... Respondent
For Petitioner :SRI.M.P.ASHOK KUMAR
For Respondent :SRI.P.RAMACHANDRAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :22/12/2009
O R D E R
PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
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R.C.R. NO:132 OF 2007
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Dated this the 22nd December, 2009.
O R D E R
PIUS C.KURIAKOSE, J.
Under challenge in this revision petition filed under Section 20
of Act 2 of 1965 is the order of eviction passed by the Rent Control
Court on the ground of arrears of rent under Section 11(2)(b) and
the judgment of the Rent Control Appellate Authority confirming
the same. The revision is filed by the tenants and we notice that
several serious disputes regarding the contract rent payable and
also regarding the amount allegedly advanced by the revision
petitioners at the time of taking the buildings have been raised. We
are not inclined to examine the merits of these grounds since we
are informed by both sides that the building in question was
admittedly surrendered to the landlady lying prior to the institution
of the RCR’s. R.C.R will stand dismissed on that reason. While
adjudicating suits filed subsequently for arrears of rent the Civil
Court will not be unduly influenced by the evidence entered in the
impugned order and judgment regarding the contract rent and the
advance paid by the revision petitioners, if any such suit or appeal
RCR 132/2007 2
is pending.
PIUS C.KURIAKOSE
Judge
K. SURENDRA MOHAN
Judge
jj
PIUS C.KURIAKOSE &
K.SURENDRA MOHAN, JJ.
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L.A.A.NO:
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JUDGMENT
Dated: