IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 RCRev..No. 149 of 2009() ------------------------------------ RCA.23/2006 OF ADDITIONAL DISTRICT COURT/ RENT CONTROL APPELLATE AUTHORITY, KOZHIKODE RCP.27/2005 OF RENT CONTROL COURT/ADDITIONAL MUNSIFF COURT, KOZHIKODE-I .................... REVISION PETITIONER/APPELLANT/RESPONDENT: --------------------------------------------------------------------------- KARUMADATH ABOOBACKER, S/O.M.E. SYED MOIDEEN, AGED 69 YEARS, DOOR NO.13/506, KALLAI ROAD, NAGARAM AMSOM, DESOM, KOZHIKODE TALUK. BY ADV. SRI.K.M.FIROZ RESPONDENTS/RESPONDENTS/PETITIONERS: --------------------------------------------------------------------- 1. A.P. ABOOBACKER SIDDIQUE, S/O.AYYAPPILLY KUTTYASSAN HAJI, AGED 47 YEARS, KASABA AMSOM AND DESOM, KOZHIKODE TALUK. 2. A.P. ABDUL LATHEEF, S/O.LATE AYYAPPALLI KUTTYASSAN HAJI, AGED 45 YEARS, KASABA AMSOM AND DESOM, KOZHIKODE TALUK. 3. A.P. ABDUL SALEEM, S/O.AYYAPPILLY KUTTYASSAN HAJI, AGED 43 YEARS, KASABA AMSOM AND DESOM, KOZHIKODE TALUK. 4. A.P. ABDUL RAHEEM, S/O.AYYAPPILLY KUTTYASSAN HAJI, AGED 42 YEARS, KASABA AMSOM AND DESOM, KOZHIKODE TALUK. RCRev..No. 149 of 2009 5. A.P. MUHAMMED YOONUS, S/O.AYYAPPILLY KUTTYASSAN HAJI, AGED 40 YEARS, KASABA AMSOM AND DESOM, KOZHIKODE TALUK. 6. A.P.ANWAR SADATH ALIAS MAKHBOOL, S/O.AYYAPPILLY KUTTYASSAN HAJI, AGED 36 YEARS, KASABA AMSOM AND DESOM, KOZHIKODE TALUK. 7. A.P. MOHAMMED HARISH, S/O.AYYAPPILLY KUTTYASSAN HAJI, AGED 34 YEARS, KASABA AMSOM AND DESOM, KOZHIKODE TALUK. 8. A.P. HASEENA, D/O.AYYAPPILLY KUTTYASSAN HAJI, AGED 32 YEARS, KASABA AMSOM AND DESOM, KOZHIKODE TALUK. 9. A.P. FAHAD, S/O.AYYAPPILLY KUTTYASSAN HAJI, AGED 27 YEARS, KASABA AMSOM AND DESOM, KOZHIKODE TALUK. 10. THOROKKAM VEETTIL BICHAMI, W/O.LATE AYYAPPALLI KUTTYASSAN HAJI, AGED 65 YEARS, KASABA AMSOM AND DESOM, KOZHIKODE TALUK. R1 BY ADV. SRI.P.B.KRISHNAN, SMT.GEETHA P.MENON, SRI.P.B.SUBRAMANYAN. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs RCRev..No. 149 of 2009 ORDER ON I.A. NO.1439/2009 IN R.C.R. NO.149/2009 DISMISSED 15/06/2011. SD/- PIUS C.KURIAKOSE, JUDGE SD/- N.K.BALAKRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = R.C.R. NO. 149 OF 2009 = = = = = = = = = = = = = = = = Dated this the 15th day of June, 2011. O R D E R Balkrishnan,J. The tenant is in revision challenging the order of eviction concurrently passed u/s 11(3) of the Act 2 of 1965. The petition schedule building in this case is adjacent to the room mentioned in R.C.R.136/08. R.C.R.136/08 was disposed of by this Court as per order dated 15.3.2011. We have heard the learned counsel for the revision petitioner Sri.K.M.Firoz and Sri. P.B.Krishnan learned counsel appearing for the landlord. The facts emerging in this case are identical to the fact situations emerging in R.C.R.136/08. After having heard the learned counsel for the revision petitioner we find no R.C.R. NO. 149 OF 2009 -:2:- illegality, irregularity or impropriety in the impugned judgment. In the result the RCR is dismissed. Eviction order passed by the statutory authorities is confirmed. The tenant – revision petitioner is granted nine months time to vacate the petition schedule building. The execution Court will explore the possibility of a settlement between the parties before ordering delivery of petition schedule building to the landlord as stated earlier. It is submitted by the learned counsel Sri.P.B.Krishnan that as directed in the order passed in the above said R.C.R. mediation is going on. As mediation is reported to be going on the Execution court will direct the parties in this case also to appear before the mediators on the next hearing date. R.C.R. NO. 149 OF 2009 -:3:- Append a copy of the order passed in R.C.R.136/08 to this order. PIUS C. KURIAKOSE, JUDGE. N.K. BALAKRISHNAN, JUDGE. ul/-