IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 RCRev..No. 212 of 2008() ------------------------ RCA.29/2005 of DISTRICT COURT, THRISSUR RCP.16/2002 of MUNSIFF COURT,CHAVAKKAD .................... REVISION PETITIONERS/APPELLANTS/RESPONDENTS: -------------------- 1. HAMZA, S/O.PUTHENVEETTIL KUNHIMON GURUVAYUR AMSOM, THIRUVENKITAM DESOM CHAVAKKAD TALUK- DIED. 2. HYRUNNISA, 53 YEARS, W/O.LATE HAMZA PUTHUVEETTIL HOUSE, GURUVAYUR AMSOM, THIRUVENKITAM DESOM, CHAVAKKAD TALUK. 3. RESHMA, 31 YEARS, D/O.LATE HAMZA, DO.DO. 4. AYISHA, AGED 30 YEARS, D/O/LATE HAMZA DO.DO. 5. ANEESH, 28 YEARS, S/O.LATE HAMZA DO.DO. 6. MUNEER, 27 YEARS, S/O.LATE HAMZA, DO.DO. 7. AMEER, 25 YEARS, S/O.LATE HAMZA DO.DO. 8. JAMSHEER, 24 YEARS, S/O.LATE HAMZA, DO.DO. BY ADV. SRI.VIVEK VARGHESE P.J. SRI.VARUGHESE M EASO SRI.VINOD JOSEPH P.J. SRI.MANEESHA KUMAR RESPONDENT: --------------- JOSE MOHAN, 53 YEARS, S/O.CHIRAKKAL JOSEPH, AYYANTHOLE VILLAGE, DESOM, THRISSUR TALUK. ADV. SRI.JIJO PAUL FOR R1 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON 05/11/2009 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... R.C.R. No.212 of 2008 .................................................................... Dated this the 5th day of November, 2009. ORDER Ramachandran Nair, J. Revision petitioners are tenants against whom eviction is ordered by the Rent Control Court for arrears of rent that got confirmed in appeal. We have heard counsel appearing for both sides. 2. Even though there is controversy as to whether the entire arrears of rent and interest due thereon are paid, it is conceded by both sides that the arrears of rent stand fully paid up as on 27.8.2009. Even though counsel for the respondent submitted that arrears are paid beyond the statutory period of one month from the date of order, we do not think the little delay should lead to eviction because the arrears are paid up without much delay. Further, we notice that this court had granted stay against eviction which means that the court was prima facie satisfied about petitioner's contest against the claim of arrears of rent. Since eviction is only on the ground of arrears of rent and since we found that the arrears are cleared, we feel petitioners are entitled to 2 continue as tenants. Consequently we allow the revision by vacating the eviction order passed by the Rent Control Court and confirmed by the appellate authority. However, considering the chronic default committed by the petitioners who have dragged the respondent to the court, we order a cost of Rs.2,000/- besides the interest and balance rent, if any, payable by the petitioners. We make it clear that if every time the building owner has to approach the court with eviction petition for getting arrears of rent, the Rent Controller should order exemplary cost against the tenants besides interest and arrears of rent otherwise payable by the tenants. Since there is still controversy as to the actual rent payable, we direct the Rent Controller to rework the balance liability after taking into account payments made. We make it clear that payments made during pendency of this revision case should be treated as rent payable for the current period and not towards arrears. However, payments made subsequent to eviction order should be treated as payments towards arrears and interest should be worked out after reckoning all payments. Evidence can be produced by the petitioners and the respondent. The respondent can in fact work out 3 balance arrears and interest liability due to him and furnish a statement to the Rent Controller with copy to the petitioners for the Rent controller to consider the same. The petitioners are directed to deposit the entire arrears within one month from the date the Rent Controller fixes the liability. The Rent Controller is directed to fix balance arrears payable towards rent arrears and interest thereon to be paid along with cost ordered by us above, within a period of one month from date of receipt of copy of this judgment. The revision is allowed subject to the above terms. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms