IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE V.CHITAMBARESH TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 RCRev..No. 357 of 2011() ------------------------ RCA NO.56/09 OF THE RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM. RCP NO.90/07 OF III ADDL. MUNSIFF'S AND RENT CONTROL COURT, ERNAKULAM. REVISION PETITIONERS ---------------------------------------- 1. JOY, S/O.JOSEPH, AGED 55, CHAKKIATH HOUSE, CHERANALLOOR, PIN-682 034. 2. PAULOSE, S/O.JOSEPH, AGED 40, CHAKKIATH HOUSE, CHERANALLOOR, PIN-682 034. 3. M/S.CHAKKIATH BROTHERS, REPRESENTED BY MANAGING PARTNER JOY, S/O.JOSEPH, AGED 55, CHAKKIATH HOUSE, CHERANALLOOR, PIN-682 034. BY ADV. SRI. S. SREEKUMAR (SR.) ADV. SRI.VARGHESE PARAMBIL ADV. SRI. P. MARTIN JOSE ADV. SRI. M.A. MOHAMMED SIRAJ ADV. SRI. PRIJITH.P. ADV. SRI. ANEESH JAMES RESPONDENT(S): --------------- 1. MARY PETER, AGED 67, W/O.LATE PETER, NEDIYATHU HOUSE, MARKET ROAD, THRIPPUNITHURA. 2. ELDHOSE PETER, AGED 40, S/O.LATE PETER, NEDIYATHU HOUSE, MARKET ROAD, THRIPPUNITHURA. 3. VARGHESE, AGED 58, S/O.JOSEPH, CHAKKIATHU HOUSE, NEAR ST.MARY'S CHURCH, CHERANALLOOR, PIN-682 034. 4. THOMAS, AGED 48, S/O.JOSEPH, CHAKKIATHU HOUSE, NEAR ST.MARY'S CHURCH, CHERANALLOOR, PIN-682 034. ......2 -2- 5. SAJU, AGED 46, S/O.JOSEPH, CHAKKIATHU HOUSE, NEAR ST.MARY'S CHURCH, CHERANALLOOR, PIN-682 034. 6. VALSA GEORGE, AGED 44, D/O.JOSEPH, CHAKKIATHU HOUSE, NEAR ST.MARY'S CHURCH, CHERANALLOOR, PIN-682 034. 7. ANTONY, AGED 39, S/O.JOSEPH, CHAKKIATHU HOUSE, NEAR ST.MARY'S CHURCH, CHERANALLOOR, PIN-682 034. 8. SHERLY JOHNY, AGED 50, D/O.JOSEPH, ANATHAZHATH HOUSE, NEAR PARAVOOR MARKET, NORTH PARAVOOR, PIN-683 513. 9. SHEELA THOMAS, AGED 36, D/O.JOSEPH, PULLATHU HOUSE, PUNNATHARA P.O., ETTUMANOOR, KOTTAYAM DISTRICT, PIN-686 631. ADV. SRI.ABRAHAM K.JOHN FOR CAVEATOR THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & V. CHITAMBARESH, JJ. ------------------------------------------------- R.C.R. No.357 of 2007-A ------------------------------------------------- Dated this the 29th day of November, 2011 ORDER Basant,J. In this revision petition the tenants assail the order of eviction passed under Sec.11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act by the Rent Control Appellate Authority. 2. It is unnecessary to refer to the details of the dispute between the parties. There is a long history of litigation between them. The present claim for eviction was staked in 2006 under Sec.11(3) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act'). The same was allowed. The matter was taken up in appeal before the Appellate Authority. During the pendency of appeal, the claim was amended and eviction was claimed under Sec.11(4)(iv) of the Act. The Appellate Authority by the impugned judgment directed eviction under Sec.11(4)(iv) of the Act. 3. The tenants before us are the revision petitioners. We R.C.R. No.357 of 2007 -: 2 :- have heard the matter. We wanted the counsel to explore the possibilities of a harmonious settlement which we thought was ideal in this context. We are happy to note that the counsel have put their heads together and have come out with a harmonious settlement. No separate joint application is filed. In the presence of the counsel we proceed to dictate the terms agreed upon by them. 4. In the result: (a) This revision petition is allowed in part. (b) The impugned direction for eviction under Sec.11(4)(iv) of the Act passed by the Appellate Authority is upheld. (c) It is agreed that surrender of vacant possession of the petition schedule building shall be made available by the tenants on or before 1/1/2012. (d) The landlords shall carry out the re-construction as per Ext.A8 plan within a period of four months from the date of surrender. (e) The reconstruction shall be strictly in accordance with Ext.A8 plan and after completion, the tenant shall be re-inducted possession into the room on the south-western corner of the proposed building measuring 220 x 922 cms. marked 'X' in Ext.A8 plan by us. R.C.R. No.357 of 2007 -: 3 :- (f) We make it clear that even if the landlords want to make any other alteration, the said room 'X' shall be made available as shown in Ext.A8 plan to the tenants for occupation after re- construction. (g) It is agreed that after re-induction, rent shall be payable at the rate of `60/- per sq.ft. (h) If vacant possession is not surrendered by the tenants as stipulated above or if the tenants are not re-inducted into possession as directed above, the parties shall be at liberty to approach the Execution Court. (i) The parties shall suffer their respective costs. Sd/- R. BASANT (Judge) Sd/- V. CHITAMBARESH (Judge) Nan/ //true copy// P.S. to Judge R.C.R. No.357 of 2007 -: 4 :- R. BASANT & V. CHITAMBARESH, JJ. ------------------------------------------------- R.C.R. No.357 of 2011 ------------------------------------------------- Dated this the 25th day of November, 2011 ORDER R9 is not served. R9 along with the revision petitioners has suffered the impugned order. He has not chosen to challenge the order. In these circumstances, we are satisfied that it is not necessary to wait any longer for service of notice on R9. No steps are taken also. Service is hence held to be sufficient and complete. 2. Call on 28/11/2011. R. BASANT (Judge) V. CHITAMBARESH (Judge) Nan/