IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 RCRev..No. 6 of 2010() ---------------------- RCA.16/2008 OF RENT CONTROL APPELLATE AUTHORITY, PALAKKAD RCP.9/2003 OF RENT CONTROL COURT, PALAKKAD .................... REV.PETITIONER/APPELLANT/RESPONDENT ------------------------------------------------------- SAHADEVAN, AGED 73 YEARS, S/O.AYYARU, GAESH ELECTRO PLATING WORKS, 14/737, COIMBATORE ROAD, SELVAPALAYAM, PALAKKAD TALUK. (DIED) ADDITIONAL PETITIONERS: 2. LEELA V. W/O SAHADEVAN, 14/737, COIMBATORE ROAD, SELVAPALAYAM, PALAKKAD TALUK. 3. GANESH K.S., S/O SAHADEVAN, DO. DO. 4. SUBHASH K.S., DO. DO. 5. RAMESH K.S., DO. DO. ADDL. PETITIONERS 2 TO 5 IMPLEADED VIDE ORDER DT. 10-12-2010 IN IA. No. 3035/10 IN RCR.6/10 BY ADV. SRI.SANTHEEP ANKARATH SMT.P.JAYALAKSHMI RESPONDENT(S): RESPONDENT/PETITIONER ------------------------------------ RADHA SREEKRISHNAN, W/O.R.SREEKRISHNAN, CHATHAPURAM, PUTHUR AMSOM AND DESOM, PALAKKAD. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A. No. 23 OF 2010 DISMISSED SD/- PIUS C.KURIAKOSE, JUDGE. 21-12-2010 SD/- N.K.BALAKRISHNAN, JUDGE. //TRUE COPY// PS TO JUDGE. PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- RCR. No. 6 of 2010 ----------------------------------------------- Dated this the 21st day of December, 2010 O R D E R Pius C.Kuriakose, J. Under challenge in this revision filed by the tenant is the judgment of the Rent Control Appellate Authority remanding the rent control petition to the Rent Control Court for considering the question of operation of the provisos to sub-section (3) of Section 11. It is submitted by both sides that the parties have already arrived at a settlement and as per the terms of that settlement the revision petitioner will be surrendering the building to the respondent within nine months from today. It was further submitted that before surrendering the key, the revision petitioner is to be paid a sum of Rs.50,000/- (rupees fifty thousand) in settlement of all the monetary claims of the revision petitioner against the respondent landlady. We record the submissions of the counsel and dispose of the RCR. 6/10 -2- RCR without interfering with the order of remand, however, directing the Rent Control Court to post the case on the 1st of October 2011 so as to ensure that the terms of the settlement arrived at by both the parties have been honoured by them. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/- RCR. 6/10 -3-