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 22ND DECEMBER 2010 / 1ST POUSHA 1932 RCRev..No. 58 of 2006() ----------------------- RCA.148/2003 of RENT CONTROL APPELLATE AUTHORITY & DISTRICT COURT, KOZHIKODE RCP.6/2002 of RENT CONTROLLER/MUNSIFF-MAGISTRATE COURT, PERAMBARA .................... REVISION PETITIONER/APPELLANT IN RCA/PETR. IN RCP :- ------------------------------------------------------------------------------------- KIZHAKKE CHALIL ABDURAHIMAN, S/O.AMMED, 47 YEARS, TRADER, RESIDING AT PANAYULLAKANDIYIL, KOZHUKKALLUR VILLAGE, VILAYATTUR, KOYILANDY TALUK. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT(S)/RESPONDENT IN RCA/RESPONDENT IN RCP :- ---------------------------------------------------------------------------------------- CHERUVATTA USSAYINKUTTY, S/O.MAMMED, 42 YEARS, TRADER, RESIDING AT MADATHIL, MENHANIAM AMSOM, DESOM, PERAMBRA POST, KOYILANDY TALUK, KOZHIKODE DISTRICT. THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt RCRev..No. 58 of 2006 O R D E R Even today also there is no representation for the revision petitioner. Having gone through the impugned judgment, we do not find any warrant for invoking the revisional jurisdiction of this Court under Section 20. However in the absence of the revision petitioner, we dismiss the RCR only for default. Sd/- PIUS C. KURIAKOSE, JUDGE. Sd/- N.K.BALAKRISHNAN, JUDGE. 22.12.2010 //True Copy// P.A. to Judge PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- RCR. No. 58 of 2006 ----------------------------------------------- Dated this the 25th day of January, 2011 O R D E R Pius C.Kuriakose, J. The landlord is in revision challenging the judgment of the Rent Control Appellate Authority confirming the order of the Rent Control Court declining eviction which was sought on the ground of cessation of occupation under Section 11 (4)(v). We have gone through the order of the Rent Control Court and the judgment of the Rent Control Appellate Authority. We find that the negative finding that the landlord was not successful in making out a ground under Section 11(4)(v) is entered on the basis of evidence which is available on record. That being so, we find it difficult,within the contours of our attenuated jurisdiction under Section 20, to interfere with the concurrent findings of the statutory authorities. 2. Sri.B.Krishnan, learned counsel for the revision RCR. 58/06 -2- petitioner during the course of his submissions stated that the respondent tenant is not presently in India. If what the learned counsel submitted is correct, the same is a circumstance which should strengthen the case for eviction on the ground of cessation of occupation. But significantly there is no such averment in the RCP and it is not even suggested to RW-1 while he was cross-examined that he is not in India. 3. Though we are not inclined to interfere with the impugned judgment of the Appellate Authority, we notice that the rent which is presently being paid by the respondent to the revision petitioner is far below the prevailing market rate. We therefore re-fix the rent payable by the respondent with effect from 1-2-2011 at Rs.1000/- mensem until fair rent is fixed by the Rent Control Court on application filed by either party. Respondent shall pay rent at the rate of Rs.1000/- per mensem. RCR. 58/06 -3- The result is that the RCR is dismissed confirming the judgment of the Rent Control Appellate Authority and re- fixing the rent payable by the respondent at Rs.1000/- per mensem. However, we make it clear that this judgment will not preclude the revision petitioner from initiating proceedings for eviction on all available grounds including the ground under section 11(4)(v) itself. The revision petitioner is directed to send a copy of this order to the respondent by registered post acknowledgment due in his last known address as soon as he obtains copy. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/-