IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 RCRev.No. 315 of 2010 ------------------------ R.C.A. 27/10 of the RENT CONTROL APPELLATE AUTHORITY(DISTRICT JUDGE) KOLLAM & I.A. NO. 4503/2998 IN R.C.(O.P.)19/2005 OF THE RENT CONTROL COURT, KOLLAM) REVISION PETITIONER/APPELLANT IN RCA & REPT.IN RCP -------------------------------------------------- DHANALAKSHMI, AGED 74, W/O.RAMACHANDRA REDDIAR, SEEMATTI, MAIN ROAD, KOLLAM, EARLIER RESIDING AT DHANAM HOUSE, CUTCHERY WARD, KOLLAM. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENT: RESPONDENT IN RCA & PETITIONER IN RCP ---------------------------------------------------- DR.MOHAN NAIR, AGED 49, S/O. DR.K.P.NAIR, SRINIDHI, VADAKKUMBHAGAM WARD, KOLLAM. ADV. SRI.S.VINOD BHAT FOR R1 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 09/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI,JJ ============================== R.C.R. NO. 315 OF 2010 ============================ Dated this the 9th day of August 2011 ORDER R.Basant, J. This revision petition is directed against an order of eviction passed in R.C.P.No.19/2005 by the Rent Control Court, Kollam. That order dated 15th November 2008 was upheld in R.C.A.No.27/2010 by the District Court, Kollam. In this revision petition, the said order of eviction is challenged. 2. During the pendency of proceedings in this rent control revision petition before this Court, we are informed that the petitioner/tenant has deposited an amount of Rs.3,45,000/- as arrears of rent before the Rent Control Court which is inclusive of the rent for the month of July 2011. In view of that deposit, the learned counsel for the respondent submits, and a memo has been filed to that effect, that this revision petition can be allowed and the impugned order of eviction can be set aside with specific direction permitting/enabling the respondent/landlord to withdraw the amount of Rs.3,45,000/- deposited before the court R.C.R. NO. 315/2010 -2- as arrears of rent. Memo dated 8/8/2011 has been filed by the learned counsel for the respondent. 3. Today when the matter came up for hearing, counsel for the respondent repeats the request in the memo filed. there is no representation for the respondent. However, we find that the memo has been filed. Learned counsel for the revision petitioner/tenant submits that the petitioner/tenant has no objection against release of an amount of Rs.3,45,000/- to the respondent herein. 4. We are satisfied that this revision petition can now be allowed. The impugned order of eviction can be set aside with specific direction that the amount of Rs.3,45,000/- which is deposited as arrears of rent can be released to the respondent herein which is inclusive of the rent for the month of July 2011. 5. In the result, a)Memo dated 8/8/2011 filed by the counsel for the respondent is accepted. b)This revision petition is allowed. c)The impugned order of eviction is set aside. R.C.R. NO. 315/2010 -3- d)It is specifically directed that the entire amount of Rs.3,45,000/- deposited before the Rent Control Court as arrears of rent shall forthwith be released by the Rent Control Court to the respondent herein as agreed by the petitioner. R.BASANT, JUDGE M.C. HARI RANI,JUDGE ks.