IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 217 of 2006()
1. VASUDEVAN NAIR,
... Petitioner
Vs
1. KALLARAKKAL USMAN, S/O.ABDURAHIMAN,
... Respondent
For Petitioner :SRI.S.V.BALAKRISHNA IYER (SR.)
For Respondent :SRI.K.M.FIROZ
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :10/07/2009
O R D E R
PIUS C. KURIAKOSE &
P. Q. BARKATH ALI, JJ.
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R. C. R. No.217 of 2006
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Dated this the 10th day of July, 2009
JUDGMENT
Pius C. Kuriakose, J
It is submitted on behalf of Advocate
Sri.S.V.Balakrishna Iyer that he was informed by
Sri.K.M.Firoz that the respondent/landlord has sold all
his interest in the building which is subject matter of
the RCR to a third party. Under the above
circumstances, it has to be found that the order of
eviction which is presently passed against the revision
petitioner on the ground under Sub Section 11(3) is no
longer executable. We set aside the impugned
judgment of the Appellate Authority and the order of
Rent Control Court on the ground that the
landlord/petitioner in the RCP has ceased to have any
R. C. R. No.217 of 2006 -2-
interest in the building. RCP stands allowed as above.
2. It is made clear that this judgment will not
stand in the way of the present owner of the building
applying for eviction on all grounds available to him in
law. But we clarify that the new owner will be entitled
for building for eviction under Section 11(3) only after
expiry of a period of one year from the date of the
document under which he has obtained title.
PIUS C. KURIAKOSE
JUDGE
P. Q. BARKATH ALI
JUDGE
kns/-