IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 RCRev..No.378 of 2005 (D) ------------------------------ RCA.8/2000 of RENT CONTROL APPELLATE AUTHORITY (ADDL DISTRICT COURT), PATHANAMTHITTA RCP.6/1998 of RENT CONTROLLER, ADOOR .................... REVISION PETITIONER/RESPONDENT/PETITIONER: --------------------------------------------------------- THOMAS MONACHAN, AGED 46 YEARS, S/O. LATE KUNJUKUNJU, KANJIRAKATTU HOUSE, NEDUMON MURI, EZHAMULAM VILLAGE. BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S)/APPELLANT/RESPONDENT: ------------------------------------------------- A. SIVADASAN ALIAS SIVANANDAN, AGED 59 YEARS, ARJUNAN CHETTIAR, BUSINESS, ASHA NIVAS, ARUKALICKAL-PADINJARU MURI, EZHAMKULAM VILLAGE. SRI. SUNIL JOSE THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 04/08/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ R. C. R. No.378 of 2005 ------------------------------------------------ Dated this the 4th day of August, 2009 ORDER Pius C. Kuriakose, J Having regard to the extensive submissions which were addressed before us by Sri.S.P.Chaly, the learned counsel for the petitioner/landlord and Sri.Sunil Jacob Jose, the learned counsel for the respondent/tenant, we are of the view that the landlord ought to be given an opportunity to amend his pleadings so that he can offer special reasons through pleadings for his eligibility to obtain eviction despite him being possessed of other buildings of his own. But we are not inclined to grant such opportunity unconditionally. We are inclined to impose terms. But at the same time, we also find that the current R. C. R. No.378 of 2005 -2- monthly rent of Rs.600/- fixed years ago is far below the fair rent which is payable for the building. We are inclined to tentatively re-fix the monthly rent payable by the respondent/tenant at Rs.1,000/- prospectively. 2. The result of the discussion is as follows:- The judgment of the Rent Control Appellate Authority and the order of the Rent Control Court are set aside. The RCP is remanded to the Rent Control Court. That court is directed to allow applications for amendment of pleadings to be filed by the landlord. Once the pleadings are amended, opportunity will be given to the tenant for raising counter pleadings. Once the pleadings are completed, one opportunity each will be granted by the learned Subordinate Judge for both sides for taking pre-trial steps, if any, and thereafter the RCP will be posted for trial. Being an old RCP, top R. C. R. No.378 of 2005 -3- priority will be given to the RCP and revised judgment will be passed on the basis of the entire evidence which come on record. The above order of remand will become operative only subject to the following conditions:- 1) The revision petitioner/landlord pays a sum of Rs.1,500/- by way of cost to the tenant either directly or through his counsel in this Court within ten days from today. 2) The revision petitioner will similarly pay a further amount of Rs.1,000/- to the Kerala Mediation Centre within ten days from today and produces receipt before this Court. The monthly rent payable for the building is tentatively re-fixed at Rs.1,000/- prospectively with effect from 1st September, 2009. It is made clear that R. C. R. No.378 of 2005 -4- our tentative re-fixation of the monthly rent is subject to the right of either of parties to move competent court for fixation of fair rent. 3. This RCR is allowed by way of remand. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/- Counsel for the Revision Petitioner has paid the cost of Rs.1,500/- and Rs.1,000/- respectively to the counsel for the Respondent and to the Kerala Mediation Centre within time as ordered in the order dated 04/08/2009 in R.C.R.378/2005 vide memo c.f. No.3363/2009 dated 13/08/2009 annexed with Receipt No.144 dated 11/08/2009 issued by the Kerala Mediation Centre. Sd/- Registrar (Judicial)