IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 RCRev..No. 257 of 2010() ------------------------ RCA.7/2008 OF RENT CONTROL APPELLATE AUTHORITY, TRIVANDRUM RCP.96/2005 OF RENT CONTROL COURT, TRIVANDRUM .................... PETITIONER/APPELLANT/COUNTER PETITIONER ----------------------------------------------------------- V.SURESH KUMAR, S/O.LATE VASU PILLAI,SRUTHI TIMES, NALANCHIRA PO, NALANCHIRA, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENT(S): RESPONDENT/PETITIONER ------------------------------------ AMMINI ALEXANDER,W/O.ALEXANDER KP1/816,CHERUPUZHATHOLLAM,INRA-36,JUBILEE NAGAR, VATTAPPARA PO, THIRUVANANTHAPURAM. ADV. SRI.K.B.PRADEEP FOR R1 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 29/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & P.S.GOPINATHAN, JJ. ----------------------------------------------- RCR. No. 257 of 2010 ----------------------------------------------- Dated this the 29th day of September, 2010 O R D E R Gopinathan, J. The respondent tenant in RCP. 96/05 assails concurrent orders of eviction under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act. Despite the time granted, the revision petitioner failed to deposit the entire arrears of rent. In that circumstance, the Rent Control Court slapped the order for default. He took up the matter in appeal. But was unsuccessful. Now this revision. 2. Having heard either side and taking note that the revision petitioner belongs to a low income group and that the financial difficulties and physical ailments disabled him to deposit the rent arrears in full, we find that it would be just and appropriate to give opportunity to the revision RCR. 257/10 -2- petitioner and to have the matter decided on merits and that the respondent can be compensated for the inconveniences and delay caused on the following conditions: 1) The revision petitioner shall deposit or pay to the landlady directly or through counsel a sum of Rs.3000/- (three thousand) towards balance arrears of rent including interest and costs upto September 2010. 2) A sum of Rs.5000/- (five thousand) shall also be paid to the landlady directly or through her counsel in this court towards her costs. 3. The fair rent of the building payable from 1-10-2010 is tentatively re-fixed at Rs.1750/- (one thousand seven hundred and fifty) subject to fixation of fair rent by the Rent Control Court on application by either party to that effect. The arrears of rent along with costs shall be paid within two weeks failing which this petition would stand dismissed. In the event of payment of the amount and production of RCR. 257/10 -3- the receipt before the trial court within two weeks, this revision petition would stand allowed. Thereupon, the order impugned would stand set aside and the rent control petition would stand restored to file. The parties shall appear before the Rent Control Court on 15-10-2010. Thereupon the Rent Control Court shall dispose of the petition in accordance with law by giving top priority and the petition shall be disposed of within three months of appearance of the parties. (PIUS C.KURIAKOSE, JUDGE) (P.S. GOPINATHAN, JUDGE) ksv/-