IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 OP (RC).No. 1081 of 2010(O) --------------------------------- RCA.36/2010 of DISTRICT COURT/RENT CONTROL APPELLATE AUTHORITY, PALAKKAD RCP.65/2005 of PRL.MUNSIFF COURT, PALAKKAD .................... PETITIONER -------------- IQBAL, AGED 33 YEARS, S/O.LATE KUNJUMON,31/673,MARKET ROAD, PALAKKAD BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): ------------------- SREENIVASA IYER, S/O.LATE VENKITESWARA IYER, NOORANI GRAMAM, PIRAYIRI AMSOM, PALAKKAD-678001 THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. S. GOPINATHAN, JJ. ------------------------------------------------ O. P. (RC) No.1081 of 2010 ------------------------------------------------ Dated this the 9th day of December, 2010 JUDGMENT Pius C. Kuriakose, J The grievance voiced by the petitioner/tenant in this O.P. under Article 227 of the Constitution is that even before the petitioner could obtain copy of the judgment passed by the learned Appellate Authority dismissing the RCA filed by him, the petitioner stands the risk of being dispossessed by the execution court. According to Sri.Santhosh P. Poduval, the learned counsel for the petitioner, it was only yesterday (08/12/10) that the RCA was dismissed. We find some genuineness in the grievance voiced by the learned counsel. At the same time, we are not inclined to grant relief to the petitioner without imposing conditions. We find from the O. P. (RC) No.1081 of 2010 -2- judgment of the Rent Control Court that it is found that as of now rent at the monthly rate of Rs.35/- per mensem is in arrears for a period of 10 years. We are of the view that the petitioner shall pay as a condition for getting relief (which is being given to him even without notice to the respondent) the rent found by the Rent Control Court to be due from him and the rent which fell due thereafter till date. The O.P. therefore, is disposed of in the following terms:- 2. The execution court is directed to keep in abeyance all proceedings for delivery of the petition schedule building to the respondent till 22/12/10 subject to the following conditions:- 3. The petitioner pays a sum of Rs.5,000/- to the respondent towards the rent due in respect of the building in question either directly or through the respondent's counsel in the execution court on or before 21/12/10 and produce O. P. (RC) No.1081 of 2010 -3- receipt before the execution court. There will be a further direction to the Rent Control Appellate Authority, Palakkad to issue to the petitioner copy of the judgment in RCA No.36/10 stated to be applied for at the earliest and at any rate before the 21st of December, 2010 provided the copy application is in order. We make it clear that if the condition for payment is not complied with on time, the execution court will be justified in effecting delivery forthwith. The O.P. is disposed of as above. PIUS C. KURIAKOSE JUDGE P. S. GOPINATHAN JUDGE kns/-