IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 CRP.No. 3160 of 2001(A) ---------------------------- R.C.A. NO.90/99 OF RENT CONTROL COURT, IRINJALAKKUDA. R.C.P. NO.41/97 OF ADDL. MUNSIFF COURT, IRINJALAKKUDA. ---------------------------- REVN. PETITIONER(S):[APPELLANT IN RCA.90/99 AND 2ND RESPONDENT IN RCP.41/97] -------------------------------------------------------------------------------------- JOSE, S/O KOLAPRAN POULOSE, OWNER OF KOLAPRAN STATIONERY STORES, KODAKARA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.R.D.SHENOY, SENIOR ADVOCATE RESPONDENT(S): [RESPONDENTS IN THE APPEAL. 1ST RESPONDENT HEREIN IS THE 2ND PETITIONER IN RCP. 1ST PETITIONER IN RCP DIED AND ADDL. RESPONDENTS 2 TO 6 HEREIN ARE BROUGHT ON RECORD IN APPEAL. 7TH RESPONDENT HEREIN IS THE 1ST RESPONDENT IN RCP] -------------------------------------------------------------------------------------- 1. PAULSON, S/O KUTTIKADAN LONAPPAN, KODAKARA VILLAGE, MUKUNDAPURAM TALUK. 2. OUSEPH, MANAGER, HARDWARE SHOP OF PANTHALLOOKARAN, S/O LONAPPAN, KODAKARA VILLAGE, MUKUNDAPURAM TALUK. 3. VAREED, S/O LONAPPAN, KODAKARA VILLAGE, MUKUNDAPURAM TALUK. 4. JOHNSON, S/O LONAPPAN, KODAKARA VILLAGE, KUKUNDAPURAM TALUK. 5. GEORGE, S/O LONAPPAN, KODAKARA VILLAGE, KUKUNDAPURAM TALUK. 6. FRANCIS, S/O LONAPPAN, KODAKARA VILLAGE, MUKUNDAPURAM TALUK. CRP. NO.3160/01 -2- 7. AUGUSTIN, S/O PATHIALA GEORGE, KODAKARA VILLAGE, MUKUNDAPURAM TALUK. ADV. SRI.K.RAMACHANDRAN FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ C. R. P. No.3160 of 2001 ------------------------------------------------ Dated this the 6th day of November, 2009 ORDER Pius C. Kuriakose, J Under challenge in this C.R.P filed under Section 20 of Act 2 of 1965 is an order of eviction passed concurrently by the Rent Control Court and the Appellate Authority on the grounds of arrears of rent, bona fide own occupation and re-construction. Order of eviction is passed in favour of the first respondent in the CRP. The first petitioner in the RCP was Smt.Elia, mother of the first respondent in the CRP. She was arrayed only because of the interest she was having over the property which originally belongs to her husband/Lonappan. The revision petitioner has C. R. P. No.3160 of 2001 -2- now produced before this Court along with a separate application for reception of documents, certified copy of the final decree as well as the order passed on the application for passage of final decree passed in O.S.335/95. It is seen from these documents that the petition schedule building is ordered to be allotted finally to Francis/brother of the first respondent in the CRP, Paulson. It is also clear that the parties to the partition decree are not at issue regarding the allotment of shares. 2. It is submitted by Mr.Vinod Bhat, the learned counsel for the petitioner that the passage of the final decree for partition is a subsequent event which eclipses the need projected in the RCP or which completely does away with the right of Sri.Paulson to obtain eviction. The above contention has considerable C. R. P. No.3160 of 2001 -3- merit at least when they pertain to the substantive eviction grounds under sections 11 (3) and 11(4)(iv). We accept the above contention and allow the CRP vacating the order of eviction passed in view of the subsequent event of passage of the final decree in O.S. No.335/95 of the Subordinate Judge's Court, Irinjalakkuda. 3. We, however, make it clear that it will always be open to Sri.Francis the allottee under final decree to evict the revision petitioner invoking any ground which is legally available to him under the Rent Control Act. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-