IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 RCRev..No. 265 of 2008() ------------------------ ( RCA NO.24/2007 OF RENT CONTROL APPELLATE AUTHORITY & DISTRICT JUDGE, KOZHIKODE IN RCP NO.176/2003 OF RENT CONTROLLER COURT & PRINCIPAL MUNSIFF -1, KOZHIKODE) REVISION PETITIONER/APPELLANT/RESPONDENT : -------------------- V.P.ANILKUMAR, AGED 45 YEARS, S/O. LATE SREENIVASAN, 14/254 MANANTHALAPALAM ROAD, P.O. KALLAI CALICUT, NAGARAM AMSOM DESOM OF KOZHIKODE TALUK. BY ADV. SRI.R.SUDHISH RESPONDENT(S)/RESPONDENT/PETITIONER: --------------- KAITHAL JUBARIYA, AGED 38 YEARS, W/O. A.R.HAROON RASHEED, AMEER VILLA, NEAR MSS, M.S. ABU HAJI HELATH CENTRE, CHAKKUMKADAVU, KALLAI P.O. CALICUT PANNIYANKARA AMSOM, DESOM OF KOZHIKODE TALUK. ADV. SRI.V.T.MADHAVANUNNI FOR R1 THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ R.C.R..No.265 OF 2008 ------------------------ Dated this the 23rd day of October, 2009 O R D E R Pius C.Kuriakose, J. It is submitted by Sri.R. Sudhish, learned counsel for the revision petitioner that a sum of Rs.8700/- was deposited by the petitioner before the court in 19th December, 2008. Copy of the treasury receipt is produced before us and we are convinced that the above submission is correct. We notice that the eviction order is passed only on the ground of arrears of rent. Of course, there was controversy as to what is the contract rent whether it is Rs.250/- or Rs.200/-. On going through the impugned judgment we find that on the basis of the evidence, it has been found that the contract rent is Rs.250/-. We do not find any illegality, impropriety or irregularity about that finding. We confirm that finding. We dispose of the RCR permitting the petitioner to file application before the Rent Control Court under Section 11 (2)(c) to have the order of eviction vacated. One month's time is RCR No.265/2000 2 granted from today for filing the application. Requisite deposit will be made along with that application by the petitioner. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk