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 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 RCRev..No. 302 of 2006() ------------------------ AGAINST THE ORDER DATED 27/02/2006 IN IA.1941/2005 of DISTRICT COURT, PALAKKAD RCP.43/2003 of PRL.MUNSIFF COURT, PALAKKAD .................... PETITIONERS/APPELLANT/PETITIONERS: ------------------------------------------------------------------- CHAMBER OF COMMERCE, PALAKKAD REPRESENTED BY ITS GENERAL SECRETARY, AJITH RAJ, S/O. P.I. RAJU, AGED 38 YEARS, P.K. ITTIYERA & SONS, BIG BAZAR, PALAKKAD. BY ADV. SRI.BINOY VASUDEVAN RESPONDENT: RESPONDENT: ---------------------------------------------- P.S. VENKITASUBBAN, AGED 39 YEARS, 27/204, CHAMBER OF COMMERCE BUILDINGS, MELAMURI, PALAKKAD-678 014. BY SR. ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ R.C.R. NO: 302 OF 2006 ----------------------------------------------------------------------------------- Dated this the 30th October, 2009. O R D E R PIUS C.KURIAKOSE, J. The common order which is impugned in this RCR was impugned by the revision petitioner in RCR Nos: 301, 304 & 325/2006 disposed of by our common judgment dated 27.10.2009. We disposed of those Rent Control Revisions permitting the revision petitioner/landlord to withdraw the Rent Control Petitions with leave to institute fresh rent control petitions invoking all available grounds including the ground under Sub Section (7) of Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965. It is submitted by the learned counsel for the respondent that the sole respondent passed away on 22.9.2007 and that a memo to that effect has been filed on 13.11.2008. According to the learned counsel the RCR stands abated as against the legal representatives of the deceased-respondent. It is submitted by the learned counsel for the revision petitioner that the revision petitioner was not given notice regarding filing of the above memo. RCR No: 302/2006 2 2. Whatever that be, we are of the view that in the light of the decision we have taken in R.C.R Nos: 301, 304 & 325 of 2006, the same decision is to be taken in this Rent Control Revision also. According to us granting permission to the revision petitioner to withdraw the present RCP with leave to file fresh RCP in the light of the decision in those revision petitions will not amount to granting relief against a dead person. Hence this RCR is also disposed of giving leave to the revision petitioner in the RCR to file fresh Rent Control Petition under Sub Section (7) of Section 11 of the Kerala Buildings (Lease & Rent Control) Act, 1965 and any other available ground. PIUS C.KURIAKOSE Judge K. SURENDRA MOHAN Judge jj PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. --------------------------------------- L.A.A.NO: --------------------------------------- JUDGMENT Dated: