IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 RCRev..No. 115 of 2010 (D) ------------------------------- RCA.30/2008 of RENT CONTROL APPELLATE AUTHORITY/ADDL. DISTRICT COURT, VADAKARA RCP.27/2007 of RENT CONTROL COURT/MUNSIFF COURT, VADAKARA .................... PETITIONER/2ND RESPONDENT/2ND RESPONDENT ---------------------------------------------------------- P.K.PREMCHAND,S/O.CHANDRAPALAN, AGED 46, ENGINEER,VELANDY HOUSE,DHARMADAM, KANNUR DISTRICT. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY SRI.C.JAYACHANDRAN RESPONDENT(S)/APPELLANT/PETITIONER: ----------------------------------------------- K.RENUKA NITHYANANTHAN, W/O.NITHYANANTHAN,AGED 63 YEARS, HOUSEWIFE,RESIDING AT AMRUTHA, THIRUVANGAD AMSOM DESOM,POST THIRUVANGAD, THALASSERY,KANNUR DISTRICT. THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & P. S. GOPINATHAN, JJ. ------------------------------------------------ R. C. R. No.115 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER Pius C. Kuriakose, J By our order dated 01/06/10 we held that there is no serious infirmity about the impugned judgment of the Appellate Authority except to the extent the Appellate Authority granted relief to the respondent without imposing any condition. It was for the purpose of imposing suitable conditions that notice was issued to the respondent. Even though notice is served on the respondent, she has not entered appearance before this Court. 2. Having heard the submissions of Sri.B.Krishnan, the learned counsel for the revision petitioner, we are of the view that the R. C. R. No.115 of 2010 -2- impugned judgment of the Appellate Authority can be modified by incorporating the following conditions:- 1) The respondent/tenant is directed to collect D.Ds for Rs.2,80,000/- dt.01/02/08, for Rs.17,000/- dt.05/02/08, and for Rs.41,800/- dt.07/02/08 produced before the Rent Control Court and reckoned with by the Appellate Authority for granting relief to the respondent and produce re-validated DDs or fresh DDs for the same amount within a period of one month of this order being communicated to her. She will also pay a sum of Rs.10,000/- to the revision petitioner as cost within the above period. The impugned judgment of the Appellate Authority will become operative only if the above conditions are complied with strictly. If the R. C. R. No.115 of 2010 -3- conditions are not complied with the judgment of the Appellate Authority will stand set aside and the order of the Rent Control Court will stand restored. The revision petitioner is directed to send a copy of this order as and when he receives the same by Registered Post with acknowledgment due to the respondent/landlady and produce the postal acknowledgment card before the Rent Control Court. Issue copy today itself. PIUS C. KURIAKOSE JUDGE P. S. GOPINATHAN JUDGE kns/-