IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 RCRev..No.310 of 2011 (D) ------------------------------- RCA.92/2003 of RENT CONTROL APPELLATE AUTHORITY/ADDL.DISTRICT COURT, IRINJALAKUDA RCP.39/2002 of ADDL. M.C.,IRINJALAKUDA .................... REVISION PETITIONERS/PETITIONERS 1 & 2/APPELLANTS 1 & 2/RESPONDENTS 1 & 2 --------------------------------------------------------------------- 1. DELICIOUS HOTEL, REP.BY MANAGING DIRECTOR E.T.SURESH,TANA, IRINJALAKUDA. 2. E.T.SURESH,S/O.THANKAPPAN, ILLIKKAL HOUSE,THANISSERY,THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S)/RESPONDENTS & PETITIONERS 3 TO 5/RESPONDENTS & APPELLANTS 3 TO 5/PETITIONERS & RESPONDENTS 3 TO 6: ---------------------------------------------------------------------------------- 1. E.J.THOMAS,S/O.EDAPPULLY JOSEPH, MANAVALASSERY VILLAGE,MUKUNDAPURAM TALUK, THRISSUR DISTRICT - 680 121. 2. E.J.PAUL,S/O.EDDAPPULLY JOSEPH, CHEMBUKAVU,THRISSUR DISTRICT 680 121. 3. GEORGE,S/O.EDAPPULLY JOSEPH, MANAVALASSERY VILLAGE,MUKUNDAPURAM TALUK, THRISSUR DISTRICT - 680 121. 4. E.J.JOSE,S/O.EDAPPULLY JOSEPH, IRINJALAKUDA,MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK,THRISSUR DISTRICT - 680 121. RCR.310/11 -2- 5. ANNAMMA JOSEPH,W/O.EDAPPULLY JOSEPH, IRINJALAKUDA,MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK,THRISSUR DISTRICT - 680 121. 6. E.T.JOHNY,S/O.EDAPPULLY JOSEPH, IRINJALAKUDA,MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK,THRISSUR DISTRICT - 680 121. 7. T.I.JOSEPH,S/O.ITTIRA, VADAKKETHALA HOUSE,CHANDAKKUNNU, IRINJALAKUDA,THRISSUR DIST. PIN 680 121. 8. M.K.SUBRAMANIAN,S/O.KUNJAYYAPPAN, MUDUPARAMBIL HOUSE,EDATHIRINJI, THRISSUR PIN 680 122. 9. K.V.SUBRAMANIAN,S/O.VELU, KARAYIL HOUSE,PAYAMMAL P.O, ARIPALAM,THRISSUR DISTRICT PIN 680 688. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R1,2,3&4 SRI.K.RAVI (PARIYARATH) FOR R1,2,3 & 4 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ R. C. R. No.310 of 2011 ------------------------------------------------ Dated this the 2nd day of September, 2011 ORDER Pius C. Kuriakose, J Under challenge in this revision filed under Section 20 by the tenants is the order dated 7th July, 2011 by which the Rent Control Appellate Authority, Irinjalakuda has dismissed the application filed by the revision petitioner for restoration of RCA.92/03 which the petitioners had filed against the order of eviction passed against them in RCP.39/02. Various grounds are raised assailing the impugned order. 2. We have heard the submissions of Sri.V.M.Krishnakumar, the learned counsel for the petitioners and Sri.G.Sreekumar, the learned counsel for the respondents. Though we find force in the submission of Sri.G.Sreekumar that there is no illegality, irregularity or impropriety about the impugned order under which the learned Appellate Authority has only dismissed the application for restoration taking note of the lethargy continuously shown by the petitioners in the matter of prosecuting the appeal, we feel R. C. R. No.310 of 2011 -2- that some more indulgence can be shown towards the petitioner and relief can be granted to them imposing proper conditions. 3. We notice that the building in question is a fairly big one situated at Dana commercially one of the most important areas of Irinjalakuda town. The monthly rent of ` 500/- in our view is far below the rent which the building may fetch if the same is let out today. As one of the conditions for granting relief we are inclined to re-fix the rent payable by the revision petitioners with effect from 01/10/11 at ` 1,000/- per mensem. Yet another condition will be that the revision petitioners shall deposit a total amount of ` 70,500/- the amount found to be due by the Rent Control Court under its order by way of arrears of rent as on today. Accordingly, we set aside the impugned order and allow I.A. No.5406/10 in RCA.92/03 subject to the following conditions:- 1) The petitioner's deposit a sum of ` 70,500/- before the Rent Control Appellate Authority within a period of 5 weeks from today. 2) The petitioner files an affidavit before the Rent Control Appellate Authority on or before the day the court re-opens after Onam Holidays undertaking to pay rent to the respondents for the building in question at the rate of ` 1,000/- per mensem with R. C. R. No.310 of 2011 -3- effect from 01/10/11. Once the Appellate Authority notices that there is compliance with the two directions given above the authority will proceed as if I.A.5406/10 stands allowed and will post RCA.92/03 for hearing. Once this order becomes operative, the learned Appellate Authority will expedite matters and take a decision in the RCA after hearing both sides early. If the conditions noted above are not complied with, the impugned order will stand confirmed. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-