IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 RCRev..No. 124 of 2008() ------------------------ RCA.33/2007 OF OF THE RENT CONTROL APPELLATE AUTHORITY, KOZHIKODE IA.5022/2004 OF THE RENT CONTROL COURT, KOZHIKODE. REVISION PETITIONER/APPELLANT/RESPONDENT ------------------------------------------------------- ALLIPARAMBATH MOHAMMED, S/O.K.P.KUNHAHAMMED, AGED 57 YEARS, "SUHAH" YMCA CROSS ROAD, KALATHINKUNNU AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.A.SUDHI VASUDEVAN RESPONDENT/RESPONDENT/ PETITIONER --------------------------------------------- HIGH POWER GROUP HOLDING AND ENTERPRISES (PVT) LTD., REP. BY CHAIRMAN, P.B.NO.66, 2ND FLOOR, HIGH POWER COMPLEX, P.O.CHAVAKKAD, THRISSUR DIST. BY ADV. SRI.K.M.SATHYANATHA MENON THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 18/11/2010 THE COURT ON THE SAME DAY, PASSED THE FOLLOWING: PIUS C KURIAKOSE & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = = = = = = = R.C.R. NO. 124 OF 2008 = = = = = = = = = = = = = = DATED THIS, THE 18TH DAY OF NOVEMBER , 2010. O R D E R Pius C. Kuriakose, J. Under challenge in this revision filed by the landlord under Section 20 of Act 2 of 65 is the judgment of the Rent Control Appellate Authority, Kozhikode, confirming an order passed by the Rent Control Court, setting aside the exparte order of eviction, which was passed against the respondent/tenant. The respondent tenant is a Company. The respondent was set exparte and eviction order was passed on the ground of arrears of rent and cessation of occupation on the reason that in spite of service of notice by publication in local news paper, the respondent did not enter appearance. The exparte order was sought to be set aside by the respondent/tenant mainly on the reason that the court ordered service by publication even before direct service had been attempted. The Rent Control Court became impressed on this ground and set aside the exparte order imposing a condition that Rs. 250/- shall be paid to the revision petitioner. The Appellate Authority confirmed the order . 2. In this revision under Section 20 of the Act, various grounds have been raised and the learned counsel appearing on behalf of the revision RCR 124/2008 2 petitioner would address arguments on the basis of all those grounds. It was submitted by the learned counsel that the application to set aside the exparte order filed by the respondent was time barred and there was no petition for condonation of delay. It was further submitted that rent was heavily in arrears and the authorities below should have insisted for payment of rent in arrears as a condition for setting aside the exparte order of eviction. According to the learned counsel, the judgment of the Appellate Authority is vitiated by illegalities, irregularities and improprieties as envisaged by Section 20 of Act 2/65. 3. We have gone through the order of the Rent Control Court and judgment of the Appellate Authority. One reason on the basis of which these authorities became inclined to grant relief to the tenant is that substituted service of notice was ordered even before direct service was attempted. The above reason, in our view, was a fairly good reason. But we find some force in the submission of the learned counsel for the revision petitioner that the court below ought to have imposed stringent terms. We are, therefore, inclined to modify the orders of the authorities below suitably. 4. Hence we dispose of this Rent Control revision Petition directing that the order of the Rent Control Court and the judgment of the Appellate RCR 124/2008 3 Authority will become operative and the respondent/tenant will get the benefit of the order setting aside the exparte order only if the respondent complies with the following conditions: i. He pays a total amount of Rs. 5,000/- (Rupees five thousand) inclusive of the cost already ordered to be paid, to the revision petitioner/landlord directly or through his counsel in this Court within one month from today. ii. The respondent pays to the landlord or deposits before the Rent Control Court the arrears of rent at the contract rate alleged by the landlord due from the date of institution of the Rent Control petition till date within a period of one month from today. If payments/deposits as ordered above are not made, the impugned order of the Rent Control Court and the Appellate Authority will stand set aside and the I.A. filed by the tenant will stand dismissed. PIUS C KURIAKOSE, (JUDGE) P.S. GOPINATHAN, (JUDGE) knc/-