IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 RCRev..No.217 of 2006 (A) ------------------------------- RCA.41/2005 of D.C. (RENT CONTROL COURT), KOZHIKODE RCP.28/2002 of ADDL.M.C.,KOZHIKODE-II .................... PETITIONER/APPELLANT/RESPONDENT ---------------------------------------------- VASUDEVAN NAIR, S/O. KALATHIN KUNHAN NAIR, 17/444 B, SOORYA JEWELLERY, MAVOOR ROAD JUNCTION,KOZHIKODE. BY ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN RESPONDENT(S)/RESPONDENT/PETITIONER: ------------------------------------------------------ KALLARAKKAL USMAN, S/O.ABDURAHIMAN, AHAMMED VILLA, CHEVAYUR AMSOM, DESOM, KOZHIKODE TALUK. ADV. SRI.K.M.FIROZ THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ R. C. R. No.217 of 2006 ------------------------------------------------ Dated this the 10th day of July, 2009 JUDGMENT Pius C. Kuriakose, J It is submitted on behalf of Advocate Sri.S.V.Balakrishna Iyer that he was informed by Sri.K.M.Firoz that the respondent/landlord has sold all his interest in the building which is subject matter of the RCR to a third party. Under the above circumstances, it has to be found that the order of eviction which is presently passed against the revision petitioner on the ground under Sub Section 11(3) is no longer executable. We set aside the impugned judgment of the Appellate Authority and the order of Rent Control Court on the ground that the landlord/petitioner in the RCP has ceased to have any R. C. R. No.217 of 2006 -2- interest in the building. RCP stands allowed as above. 2. It is made clear that this judgment will not stand in the way of the present owner of the building applying for eviction on all grounds available to him in law. But we clarify that the new owner will be entitled for building for eviction under Section 11(3) only after expiry of a period of one year from the date of the document under which he has obtained title. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-