IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 RCRev..No. 298 of 2010() ------------------------ RCA.152/2008 of IST ADDL.RENT CONTROL APPELLATE AUTHORITY/ DISTRICT COURT, KOZHIKODE RCP.82/2003 of RENT CONTROLLER/ADDL.MUNSIFF COURT II,KOZHIKODE. .................... REVISION PETITIONERS/APPELLANTS/PETITIONERS: -------------------------------------------------------------------------------- 1. RAJAMMA, W/O.LATE P.NADARAJA CHETTIAR, RESIDING AT KIZHAKKEKOTTAPARAMBIL, KASBA AMSOM KARYAKUNNU DESOM, KOZHIKODE. 2. SANTHAMMA, D/O.RAJAMMA, RESIDING AT KIZHAKKEKOTTAPARAMBIL, KASABA AMSOM KARYAKUNNU DESOM, KOZHIKODE. 3. RAJESH, S/O.RAJAMMA, RESIDING AT KIZHAKKEKOTTAPARAMBIL,KASABA AMSOM KARYAKUNNU DESOM, KOZHIKODE. 4. PREMA, D/O.RAJAMMA, RESIDING AT KIZHAKKEKOTTAPARAMBIL,KASABA AMSOM KARYAKUNNU DESOM, KOZHIKODE. BY ADVS. SRI.V.V.SURENDRAN, SRI.P.A.HARISH, SMT.RESMI NANDANAN. RESPONDENT(S): RESPONDENTS/RESPONDENTS: ---------------------------------------------------------------------------- 1. RAJAMMAL, W/O.PONNAN, RESIDING AT KIZHAKKEKOTTAPARAMBIL, MANDAKAM VEEDU, P.O.CHALAPPURAM, CALICUT-2. 2. DHANALAKSHMI, D/O.RAJAMMAL, RESIDING AT KIZHAKKEKOTTAPARAMBIL, MANDAKAM VEEDU, P.O.CHALAPPURAM, CALICUT-2. Kss ..2/- ...2.... RCR.NO.298/2010 3. SUBRAMANIAN, S/O.RAJAMMAL, RESIDING AT KIZHAKKEKOTTAPARAMBIL, MANDAKAM VEEDU, P.O.CHALAPPURAM, CALICUT-2. 4. BHAGYALAKSHMI, D/O.RAJAMMAL, RESIDING AT KIZHAKKEKOTTAPARAMBIL, MANDAKAM VEEDU, P.O.CHALAPPURAM, CALICUT-2. 5. SUNDARAN, S/O.RAJAMMAL, RESIDING AT KIZHAKKEKOTTAPARAMBIL, MANDAKAM VEEDU, P.O.CHALAPPURAM, CALICUT-2. 6. RADHAKRISHNAN, S/O.RAJAMMAL, RESIDING AT KIZHAKKEKOTTAPARAMBIL, MANDAKAM VEEDU, P.O.CHALAPPURAM, CALICUT-2. 7. ANANTHALAKSHMI, D/O.RAJAMMAL, RESIDING AT KIZHAKKEKOTTAPARAMBIL, MANDAKAM VEEDU, P.O.CHALAPPURAM, CALICUT-2. 8. SHANMUGHAN, RESIDING AT 17/1985, RAJAM NIVAS, P.O.CHALAPPURAM, CALICUT-2. 9. RAJASREE, D/O.SHANMUGHAN, RESIDING AT 17/1985, RAJAM NIVAS, P.O.CHALAPPURAM, CALICUT-2. 10. RAMANATHAN, S/O.SHANMUGHAN, RESIDING AT 17/1985, RAJAM NIVAS, P.O.CHALAPPURAM, CALICUT-2. 11. GAYATHRI, D/O.SHANMUGHAN, RESIDING AT 17/1985, RAJAM NIVAS, P.O.CHALAPPURAM, CALICUT-2. *12. USHADEVI, D/O.RAJAMMAL, RESIDING AT KIZHAKKEKOTTAPARAMBIL, KASABA AMSOM KARYAKUNNU DESOM, KOZHIKODE TALUK(DELETED) *13. VASANTHA, D/O.RAJAMMAL, RESIDING AT KIZHAKKEKOTTAPARAMBIL, KASABA AMSOM KARYAKUNNU DESOM, KOZHIKODE TALUK(DELETED) Kss ..3/- ..3... RCR.NO.298/2010 * 14. RAJASREE, D/O.RAJAMMAL, RESIDING AT KIZHAKKEKOTTAPARAMBIL, KASABA AMSOM KARYAKUNNU DESOM, KOZHIKODE TALUK. (DELETED) *15. SHEENA, D/O.RAJAMMAL, RESIDING AT KIZHAKKEKOTTAPARAMBIL, KASABA AMSOM KARYAKUNNU DESOM, KOZHIKODE TALUK. (DELETED) *R12 TO R15 ARE DELETED FROM THE ARRAY OF PARTIES AT THE RISK OF THE PETITIONERS, AS PER ORDER DTD. 8/10/2010 IN RCR NO.298/10. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 08/03/2011 ALONG WITH RCR NO. 299 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON I.A.NO.2489/2010 IN RCR NO.298/2010 DISMISSED 8/03/2011 SD/- PIUS C. KURIAKOSE, JUDGE SD/- N.K.BALAKRISHNAN, JUDGE /True Copy/ P.S.to Judge kss PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- R.C.R.Nos.298 & 299 of 2010 ---------------------------------------------------- Dated this the 8th day of March, 2011 Order Balakrishnan, J. The tenants are in revision. An order of eviction was passed by the Rent Control Court under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The same was confirmed by the Appellate Authority as per the judgment dated 20.9.2010. Two months time was granted by the Appellate Authority to the tenants to get that order vacated by resorting to Section 11(2)(c) of the Act. It is reported that the tenants deposited the arrears of rent only on 28.3.2008. An application was filed to enlarge the time for getting the order vacated till that date and also get the order vacated under Section 11(2)(c) of the Act. Those petitions were dismissed by the learned Rent Controller. 2. The learned Appellate Authority held that as the time for getting the order vacated under Section 11(2)(c) was granted by the Appellate Authority, the Rent Control Court has no jurisdiction to extend that period. The reason for not filing the petition within RCR Nos.298 & 299/2010 2 two months as directed in the appellate judgment was tried to be explained by the tenants stating that they were under the impression that they need only pay the rent. The reasons so offered by the tenants were not accepted by the Appellate Authority. Hence, the Appellate Authority dismissed the Rent Control Appeal. These revisions are filed challenging the judgments of the learned Appellate Authority. 3. Mr.V.V.Surendran, learned counsel for the revision petitioners would submit that the learned Appellate Authority should have enlarged the time and the order of eviction passed earlier under Section 11(2)(b) should have been vacated under Section 11(2)(c) of the Act. 4. It is seen that the respondents herein have not appeared pursuant to the notice issued by this court. We feel that the view taken by the learned Appellate Authority is not erroneous. However, we are inclined to allow these revisions, but on strict conditions. 5. It is stated that the monthly rent of the petition schedule building is only Rs.10/- per month. Since the rent in arrears was deposited only on 28.3.2008, we propose to enhance the rent RCR Nos.298 & 299/2010 3 with effect from 1.4.2008 at Rs.50/- per month payable till 31.3.2011 at that rate besides interest on rent at the rate of 6% per annum from the respective dates of default. We also direct the tenants to pay the monthly rent at the rate of Rs.100/- with effect from 1.4.2011. Accordingly, these revision petitions will stand allowed on condition that the revision petitioners shall deposit the entire arrears of rent which we have refixed at the rate of Rs.50/- per month with effect from 1.4.2008 till 31.3.2011 and interest thereon at the rate of 6% per annum from the respective dates of default. The entire arrears shall be deposited within one month from this date. We further direct the revision petitioners to file an affidavit within three weeks from today undertaking that the rent with effect from 1.4.2011 would be paid at the rate of Rs.100/- per month promptly as and when it falls due. If the aforesaid two conditions are not complied with, these revision petitions will stand dismissed. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd RCR Nos.298 & 299/2010 4 RCR Nos.298 & 299/2010 5