IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 CRP.No. 464 of 2002(B) ---------------------- RCA.149/1999 of THE DISTRICT COURT, THRISSUR RCOP.41/1998 of PRL.MUNSIFF COURT,THRISSUR .................... REVN. PETITIONER: ADDL.RES.2 TO 3/ LEGAL REP.OF THE OP. ------------------------------------------------------- 1. CHINNAMMA, W/O. LATE LONAPPAN @ JOHN A., AKKARA, AGED 72, AKKARA HOUSE, EDAKKUNNI VILLAGE, PANAMKUTTYCHIRA DESOM THRISSUR DISTRICT. 2. DR.TONY AKKARA, AGED 51, S/O. LATE LONAPPAN @ JOHN A, AKKARA, EDAKKUNNI VILLAGE, PANAMKUTTYCHIRA DESOM, THRISSUR DESOM, THRISSUR DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENTS: APPELLANT&ADDL.RES.4 TO 6 &1 RESPDT.IN RCC: -------------------------------------------------------- 1. BALAN S/O. THATTAN KUNJANKARAN ANCHERI DESOM, OLLUR VILLAGE, THRISSUR TALUK,THRISSUR DIST 2. DR.DAVIS AKKARA, AGED ABOUT 50 S/O. LATE LONAPPAN @ JOHN A., AKKARA,EDAKKUNNI VILLAGE, PANAMKUTTYCHIRA DESOM,THRISSUR DISTRICT. 3. FINCY, AGED ABOUT 45, D/O. LATE LONAPPAN @ JOHN A AKKARA, EDAKKUNNI VILLAGE, PANAMKUTTYCHIRA DESOM, THRISSUR DISTRICT. 4. PHILO, AGED ABOUT 39, D/O. LATE LONAPPAN @ JOHN A. AKKARA, EDAKKUNNI VILLAGE, PANAMKUTTYCHIRA DESOM,THRISSUR DISTRICT. ADV. SRI.N.P.SAMUEL FOR R1 SRI.ARJUN S.RAJ FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CMP.1065/2002 IN CRP.NO.464 OF 2002 ----- DISMISSED. 23/11/2010. SD/- A.K.BASHEER, JUDGE. SD/- P.Q.BARKATH ALI, JUDGE. A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - CRP.No. 464 of 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of November, 2010 Order Basheer, J: This revision petition is at the instance of the landlords of a commercial building. They impugn the order passed by the Rent Control Appellate Authority remanding the case to the Rent Control Court for fresh disposal in accordance with law. 2. Eviction was sought under Section 11(2)(b) of the Kerala Buildings (Lease & Rent Control) Act 1965. 3. When this case came up for consideration before us on the last occasion we had requested the parties who were present in Court to explore the possibility of an amicable settlement. It is heartening to note that the parties have compromised the matter. The terms of compromise have been incorporated in the joint petition filed by the landlords and the tenant. 4. It has been agreed that the tenant shall pay a sum of Rs.30,000/- towards the entire arrears of rent, interest, cost etc. payable up to December 31, 2010. The payment shall be made on or before December 20, 2010. CRP.464/2002 : 2 : 5. It is further agreed that the tenant shall pay rent at the enhanced rate of Rs.750/- per month starting from January 2011. Revision petitioners-landlords agree that this rate of rent shall be applicable for 3 years, after which it will be open to them to get the rent enhanced in accordance with law. It is further agreed by them that they will not initiate any proceedings for eviction, except on the ground of arrears of rent and/or in the event of the tenant causing any material damage to the building reducing its value and utility. The compromise petition is taken on record and the revision petition is closed in terms of the compromise. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.