IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 RCRev..No. 311 of 2007() ------------------------ RCA.150/1998 of ADDL. DISTRICT COURT(RENT CONTROL APPELLATE AUTHORITY), THALASSERY RCP.259/1997 of PRL.MUNSIFF COURT(RENT CONTROL COURT),KANNUR .................... REVISION PETITIONER/RESPONDENT/LANDLORD -------------------------------------------------------- KATHIYARVALAPPIL KAVOOTTY @ ABDUL KHADER, S/O. KUTTICHEKKU, AGED 49 YEARS, RESIDING AT VALIYANNUR AMSOM, VARAM DESOM, KANNUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.M.K.SUMOD SRI.N.M.MADHU RESPONDENT: APPELLANT/TENANT --------------------------------------- OTHAYOTHANKANDI KURUVAN SREENIVASAN, S/O. KUMARAN, AGED 57 YEARS, BUSINESS, RESIDING AT PUSHPA NIVAS, ELAYAVOOR AMSOM, CHOVVA DESOM, NEAR MARBLE INDUSTRY, KANNOTHUMCHAL, KANNUR-6. ADV. SRI.V.R.KESAVA KAIMAL THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: O R D E R PIUC C.KURIAKOSE, J. THERE IS NO REPRESENTATION FOR THE REVISION PETITIONER TODAY ALSO. THE R.C.R. STANDS DISMISSED FOR DEFAULT. SD/- PIUS C.KURIAKOSE, JUDGE. 13.1.2009 SD/-M.C.HARI RANI, JUDGE. dsn PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = R.C.R. NO. 311 OF 2007 = = = = = = = = = = = = = = = = Dated this the 22nd day of June, 2011. O R D E R PIUS C. KURIAKOSE,J. Under challenge in this revision filed by the landlord is the judgment of the Rent Control Appellate Authority confirming the order of the Rent Control Court declining eviction u/s 11(4) (i) and the order of the Rent Control Appellate Authority vacating the order of eviction which was passed by the Rent Control Court u/s 11(3). 2. Various grounds are raised in this memorandum of revision. Sri.Mohamed Mustaque, learned counsel for the revision petitioner addressed us on the basis of all those grounds. But we are not inclined to consider the merits of those grounds. We are told that the landlord R.C.R. NO. 311 OF 2007 -:2:- who sought the building for own occupation is no more. We were taken through the averments in the rent control petition. The need projected is the personal need of the landlord. Now that landlord is no more, the question which will arise is whether anyone of the legal heirs of the deceased landlord has a bonafide need to occupy this building. On the present pleadings the above need even if there is one, cannot be enquired into. We are of the view that it is in the interest of both sides that we do not interfere with the impugned judgment and we permit the landlord to institute a fresh suit for eviction. At the same time we find that the rent of Rs.550/- is being paid by the respondent for a building situated at Tana, a locality at Kannur Municipal town, is very low. In fact the let out was in 1993 and even at that time the R.C.R. NO. 311 OF 2007 -:3:- rent was Rs.500/-. We therefore feel that if the building is let out today the same will fetch several times the present rent. We are therefore inclined to refix the rent payable by the respondent subject to the right of either party to apply for regular fixation of fair rent u/s 5. 3. The result of the above discussion is therefore as follows. The judgment under appeal is not interfered with. The additional revision petitioners, the present landlords are permitted to file fresh RCP for evicting the respondent/tenant on all grounds presently available to them under the ground u/s 11(3). If they file a fresh RCP, the Rent Control Court will take a decision in that RCP without being influenced by the findings entered into in the present proceedings by the R.C.R. NO. 311 OF 2007 -:4:- Rent Control Court or by the Rent Control Appellate Authority. The rent payable by the respondent is refixed tentatively with effect from 1.7.2011 at Rs.3,000/- per month. It is open to either party to apply to the Rent Control Court u/s 5 for regular fixation of fair rent. Till the fair rent is fixed the respondent shall pay rent at the rate of Rs.3,000/- per month to the revision petitioners. The R.C.R. is disposed of as above. Sd/- PIUS C. KURIAKOSE, JUDGE. Sd/- N.K. BALAKRISHNAN, JUDGE. ul/- [ True copy ] P.S. to Judge.