IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 RCRev..No. 276 of 2009(B) ------------------------------------- [RCA.NO.18/2009 OF RENT CONTROL APPELLATE AUTHORITY, (VI ADDITIONAL DISTRICT COURT) ERNAKULAM, RCP.NO.169/1997 OF RENT CONTROL COURT, (III ADDITIONAL MUNSIFF'S COURT) ERNAKULAM. .................... REVISION PETITIONERS/ (APPELLANTS IN THE APPELLATE COURT AND RESPONDENTS IN THE TRIAL COURT) --------------------------------------------------------------------------------------------------------- 1. THANKACHAN, AGED 63 YEARS, S/O.LATE ELIZABETH XAVIER, MANAYATH HOUSE, THEVARA,KOCHI-13. 2. KUNJACHAN AGED 56, S/O.LATE ELIZABETH XAVIER, MANAYATH HOUSE, THEVARA, KOCHI-13. 3. SUNDARAN, AGED 54, S/O.LATE ELIZABETH XAVIER, MANAYATH HOUSE, THEVARA, KOCHI-13. 4. RAJAN, AGED 52, S/O.LATE ELIZABETH XAVIER, MANAYATH HOUSE, THEVARA,KOCHI-13. 5. ANTONY THOMAS, AGED 50, S/O.LATEELIZABETH XAVIER, MANAYATH HOUSE, THEVARA, KOCHI-13. BY ADV. SRI.S.VINOD BHAT. RESPONDENT/ (RESPONDENT IN THE APPELLATE COURT AND PETITIONER IN THE TRIAL COURT: ------------------------------------------------------------------------------------------------------------------- E.K.SASI,AGED 57,S/O.KUNJAN, SARITHA NIVAS, KONTHURUTHY, KOCHI - 13, ERNAKULAM DISTRICT. BY ADVS. SRI.T.B.THANKAPPAN, SRI.T.T.HARIKUMAR. THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= R.C.R.No. 276 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 20th day of July, 2010 O R D E R Basheer, J. Petitioners in this revision petition filed under section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, are the landlords of a commercial complex. They impugn the order passed by the Rent Control Appellate Authority, contending, inter alia, that the square area ordered to be allotted to the respondent in the reconstructed building on his re-induction, is extremely unreasonable, unjust and against the provisions contained in the Act. 2. We do not propose to refer to or deal with the above and other contentions raised by the petitioners and respondent at this stage, in view of the fact that the matter has been amicably settled between the parties thanks to the extremely positive attitude shown by the learned counsel for the parties on either side. RCR 276/2009 2 3. In the course of the hearing, it was agreed that respondent/tenant will be satisfied, if he is given an area of 100 Sq. ft. in the reconstructed commercial complex at the eastern extremity of the row of buildings facing Konthuruthy road. It was also agreed that the respondent/tenant will pay Rs.1,250/- as monthly rent for the said building. The learned counsel for the landlords agreed to the above suggestion. 4. The respondent/tenant is present in Court today. He has paid three months' rent in advance to the learned counsel for the petitioners, who has handed over the key of the building to the tenant in open Court. Further, the respondent/tenant has also paid Rs.3,500/-, which is stated to be arrears payable by him towards electricity charges in respect of the old building, which he had surrendered. 5. It is brought to our notice by the learned counsel for the petitioners that power connection has already been provided in the building in question. What remains is only the internal wiring. The petitioners are prepared to carry RCR 276/2009 3 out that task as well, provided the respondent/tenant furnishes the drawing indicating the power points and also the requisite Form, to be submitted before the authority concerned. The respondent/tenant agrees to do so. It is also submitted by the learned counsel for the petitioners that requisite permission consent will be given to the respondent/tenant to obtain licence for carrying on his business, including running of an S.T.D. booth. Learned counsel on both sides submit that parties have agreed that the new tenancy will commence from August 1, 2010. 6. The above submissions made by learned counsel for the parties are recorded. The revision petition is disposed of in the above terms. A.K. BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.