IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 RCRev..No. 201 of 2006() ------------------------ RCA.71/2005 of DISTRICT JUDGE/RENT CONTROL APPELLATE AUTHORITY, KOZHIKODE RCP.50/2002 of RENT CONTROL COURT/MUNSIFF OF KOZHIKODE-II .................... REVISION PETITIONER/RESPONDENTS/PETITIONERS :- ------------------------------------------------------------------------------ 1. AYYAPPALLIL EBRAHIM, SON OF LATE P.T.ABDU, AGED 48, RESIDING AT NAGARAM AMSOM DESOM, KOZHIKODE TALUK. 2. HAMZA, BROTHER OF EBRAHIM, AGED 58, RESIDING AT NAGARAM AMSOM DESOM, KOZHIKODE TALUK. 3. BEERAN KOYA, BROTHER OF EBRAHIM, AGED 51, RESIDING AT NAGARAM AMSOM DESOM, KOZHIKODE TALUK. 4. AYYAPPALLIL KADEEJA, WIFE OF BEERAN KOYA, AGED 45, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.K.C.CHARLES SRI.A.BALAGOPALAN SRI.K.SANEESH KUMAR RESPONDENT(S)/APPELLANTS/RESPONDENTS :- ------------------------------------------------------------------ 1. P.NARAYANA KUTTY NAIR ALIAS NARAYANAN NAIR, SON OF GOVINDAN NAIR, AGED 64, VATTATHUR, P.O.CHEERAL, WYNANAD, RESIDING AT ANJUMURI LANE, KASABA AMSOM DESOM, KOZHIKODE TALUK. 2. P.GOPALAKRISHNAN NAIR, SON OF GOVINDAN NAIR, AGED 66, WATCHMAN, RAMNATH NURSING HOME, JAIL ROAD, PUTHIYARA, KOZHIKODE-4, RESIDING AT ANJUMURI LANE, KASABA AMSOM DESOM, KOZHIKODE TALUK. BY ADV. MR.JAYESH MOHANKUMAR THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 17/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------- R.C.R. No.201 of 2006 ------------------------------ Dated this the 17th day of December 2010 O R D E R Pius C. Kuriakose, J. The landlords in this RCR challenge the order of the statutory authorities declining eviction on the ground of under Section 11(4)(ii) of Act 2 of 1965. They challenge in this revision the judgment of the learned Appellate Authority declining the order of eviction in the RCP reversing the eviction order which had been granted in their favour by the Rent Control Court. As this revision come up for hearing and disposal, it is submitted by Sri.Jayesh Mohankumar on the basis of instructions from his clients that the 2nd respondent in the RCR is no more and that the 1st respondent alone continued in possession of the building and that the keys of the building have been deposited before the Court below. Mr.A.Balagopalan submitted that his clients, the revision petitioners have no information regarding the deposit of the keys before the Rent Control Court. The first revision petitioner Sri.Ayyappallil Ebrahim, entered appearance before us R.C.R. No.201 of 2006 -: 2 :- and we asked him whether he is having any information regarding the deposit of keys of his building before the Kozhikode Rent Control Court. He submitted that he has no information. However, as it is asserted by Mr.Jayesh Mohankumar that the building has been vacated and the key pertaining to the building is deposited before the Rent Control Court, we record the above submission and dispose of this RCR observing that it will be open to the petitioners to assume possession of the building any time. The grievance if any of the petitioner regarding the payment of arrears of rent and damages if any caused to the building, can be get redressed by initiating appropriate fresh proceedings. PIUS C. KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. Jvt