IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 OP (RC).No. 1065 of 2010(O) -------------------------------- RCP.62/2009 of III ADDL.M.C. & RENT CONTROL COURT, ERNAKULAM .................... PETITIONERS --------------- 1. M/S. GLOBAL EDUCATIONAL NET., UEG HOUSE, N.H.47, PADIVATTOM, ERNAKULAM-682024, REPRESENTED BY SECRETARY T.K. HARIKUMAR, UEG HOUSE, N.H.47, PADIVATTOM, ERNAKULAM. 2. T.K. HARIKUMAR, SECRETARY, M/S. GLOBAL EDUCATIONAL NET, UEG HOUSE, THAMATH HOUSE, PURAKKAD.P.O.,ALAPPUZHA. 3. REGIONAL MANAGER, M/S. GLOBAL EDUCATIONAL NET, UEG HOUSE, N.H. 47, PADIVATTOM, ERNAKULAM. BY ADV. SRI.T.KRISHNANUNNI, SENIOR ADVOCATE SRI.K.C.KIRAN RESPONDENT(S): ------------------- 1. MRS. THANKAMMA MATHEW, W/O. KORAH MATHEW MANNIL, 4-B, HARBOUR CREST, KURISHUPALLY ROAD, KOCHI-682015. 2. MR. SHAMMI MATHEW, S/O. KORAH MATHEW, MANNIL, 4-B, HARBOUR CREST, KURISHUPALLY ROAD, KOCHI-682015. 3. MRS. ASHA MATHEW, W/O. SHAMMY MATHEW, 4-B, HARBOUR CREST, KURISHUPALLY ROAD, KOCHI-682015. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. S. GOPINATHAN, JJ. ------------------------------------------------ O. P. (RC) No.1065 of 2010 ------------------------------------------------ Dated this the 9th day of December, 2010 JUDGMENT Pius C. Kuriakose, J The tenants against whom summary order of eviction under Section 12(3) of Act 2 of 1965 has been concurrently passed by the Rent Control Court and the Appellate Authority is before us invoking the visitorial jurisdiction of this Court under Article 227. We have gone through the averments in the O.P. and heard submissions of Sri.T.Krishnanunni, the learned senior counsel for the petitioners. Sri.Krishnanunni submitted that the Rent Control Appeal was decided against the petitioners on 02/12/10 and that the petitioners have readily filed copy application including one for carbon copy together with O. P. (RC) No.1065 of 2010 -2- sanction petition on the same day. According to the learned senior counsel, the petitioners are yet to be issued with the copy applied for. In the meanwhile, the execution court has ordered delivery and unless this Court grants relief, the petitioners stand the risk of being dispossessed even before they could invoke the revisional jurisdiction of this Court under Section 20 against the judgment in RCA.9/10. 2. The submissions of the learned senior counsel have some appeal and we feel that even without issuing notice to the respondents limited relief can be granted to the petitioners. As already stated, it is a summary order of eviction under Section 12(3) which is passed by the statutory authorities. The admitted contract rent payable by the petitioners is Rs.2,70,000/- per mensem. The RCP is instituted on the 17th July, 2009. We feel that leaving alone the admitted arrears of rent, the rent which fell due O. P. (RC) No.1065 of 2010 -3- subsequent to the institution of the petition itself will come to a very substantial amount of Rs.45,90,000/- (Rupees Forty five lakhs ninety thousand). The learned senior counsel submitted that a substantial amount has been paid off during the pendency of the proceedings itself. Even if the submission of the learned senior counsel is correct we are not inclined to grant even limited relief to the petitioners without imposing conditions. The O.P.(RC) is therefore, disposed of with the following directions:- 1) The execution court is directed to keep in abeyance the order of delivery presently passed till 23/12/10 subject to the condition that the petitioners pay to the respondents either directly or through their advocate in the execution court a sum of Rs.10 lakhs on or before 21st December, 2010 and produces receipt before the execution court. 2) There will be a further direction to the Rent Control O. P. (RC) No.1065 of 2010 -4- Appellate Authority, Ernakulam to issue to the petitioners the carbon copy of the judgment in RCA.9/10 applied for by the petitioner if the copy application has been filed on time and the same is in order, without delay. At any rate, copy should be issued by 18th December, 2010. PIUS C. KURIAKOSE JUDGE P. S. GOPINATHAN JUDGE kns/-