High Court Kerala High Court

V.N.Lathika vs S.K.Jishin Mohan on 18 December, 2006

Kerala High Court
V.N.Lathika vs S.K.Jishin Mohan on 18 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev No. 434 of 2006(A)


1. V.N.LATHIKA, D/O.SHARADA, AGED 53
                      ...  Petitioner

                        Vs



1. S.K.JISHIN MOHAN,
                       ...       Respondent

                For Petitioner  :SRI.M.RAMESH CHANDER

                For Respondent  :SRI,BALACHANDAN

The Hon'ble MR. Justice K.A.ABDUL GAFOOR
The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :18/12/2006

 O R D E R
            K.A. ABDUL GAFOOR & K.R. UDAYABHANU, JJ

            =============================

                        R.C.R. NO. 434 OF 2006 A

           ==============================

               Dated this the 18th day of December 2006


                                    ORDER

Udayabhanu,J

The Revision Petitioner is the tenant who is under orders of

eviction on the basis of the tenant conceding before the Rent

Control Court that she shall vacate. 6 months time was granted

for the same. Subsequently, after about 6 years the

petitioner/tenant filed an appeal which was dismissed at the

threshold as no allegation of fraud on the part of the counsel who

represented the tenant before the Rent Control Court that the

premises shall be vacated within 6 months, was alleged.

We find that there is no case against the counsel who

represented that the petitioner/tenant has no objection in

vacating the premises. The counsel herein has relied on the

decision of Th
omas v. Easo (
1999 (1) KLT 138 in support of the

contention that in the absence of consideration of the provisions

of the statute, specifically with respect to the proviso to section

11(3), the order on the basis of the compromise cannot be

R.C.R. No. 434 of 2006 2

approved. We find that facts are entirely different in Thomas

case. There was specific provision in the compromise filed

therein that no alternate premises were available in the vicinity

as provided under proviso to section 11(3). We find no merit in

the Revision Petition filed and the same is dismissed in limine.

K.A. ABDUL GAFOOR, JUDGE

K.R. UDAYABHANU, JUDGE

RV

R.C.R. No. 434 of 2006 3