IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 RCRev..No. 253 of 2008() ------------------------ AGAINST THE ORDER DATED 23.9.08 ON IA 82/2008 IN RCA.3/2008 of I ADDL.RENT CONTROL APPELLATE AUTHORITY & I ADDL. DISTRICT COURT, TRIVANDRUM RCP.19/2007 of ADDL.MUNSIFF COURT(RENT CONTROL COURT), TRIVANDRUM .................... REVISION PETITIONER/PETITIONER & APPELLANT -------------------------------------------------------- DR.KAMALA DEVI, AGED 58 YEARS, D/O.SHANMATHURAN.C. RESIDING AT "ANUGRAHA", T.C.17/859, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD RESPONDENT(S): COUNTER PETITIONERS & RESPONDENTS ---------------------------------------------------------------- 1. ANITHA PILLAI, W/O.S.B.PILLAI, AGED 48 YEARS, HAVING PERMANENT ADDRESS AT "ANUGRAHA" T.C.8/1738,VETTAMUKKU,THRIVANANTHAPURAM & PRESENTLY RESIDING ALONG WITH HER HUSBAND WHO IS THE PRINCIPAL ACCOUNTANT GENERAL, ANDHRA PRADESH, SAIFABAD, ANDHRA PRADESH. 2. S.BALAGOPAL PILLAI, HAVING PERMANENT ADDRESS AT DO-DO AND PRESENTLY PRINCIPAL ACCOUNTANT GENERAL, ANDHRA PRADESH, SAIFABAD, HYDERABAD, ANDHRA PRARDESH. ADV. SRI.R.RAGHUKUMAR (ALUVA) FOR R1-2 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.2319/08 IN R.C.R.NO.253/08 //DISMISSED// SD/- PIUS C.KURIAKOSE, JUDGE. 22.1.09 SD/-M.C.HARI RANI, JUDGE. PIUS C. KURIAKOSE & M.C. HARI RANI,JJ ============================== R.C.R.NO. 253 OF 2008 ============================ DATED THIS THE 22ND DAY OF JANUARY 2009 ORDER Pius C.Kuriakose,J. Impugned in this revision petition under Section 20 of the Kerala Buildings (Lease & Rent Control) Act is the order of the Rent Control Appellate Authority dismissing the application for stay of execution proceedings pending appeal, inter alia, on the ground that the rent control appeal is not maintainable. On going through the impugned order, it is seen that the learned Appellate Authority had virtually accepted the contention raised by the landlord that an appeal under Section 18 of the Act is not maintainable against orders of eviction passed under Section 12(3) of the Act. We are afraid that the learned Appellate Authority was in error. 2. Orders of summary eviction passed under Section 12(3) of the Act are final orders having immense consequence on the rights and liabilities of the parties. Appeals are certainly maintainable against such orders under Section 18 to the appellate authority. 3. We are informed by the learned counsel for the revision RCR. 253/2008 -2- petitioner that rent control appeal is pending before the Ist Additionall District Court, Thiruvananthapuram. We dispose of the R.C.R. directing the Ist Additional District, Court, Thiruvananthapuram to hear both sides and dispose of R.C.A.3/2008 on its merits at the earliest and at any rate within six weeks of receiving a copy of this order . The order of stay issued by this Court will continue till the above R.C.A.is disposed of pursuant to this order PIUS C. KURIAKOSE, JUDGE M.C. HARI RANI, JUDGE ks.