IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 RCRev..No. 121 of 2006() ----------------------------------- RCA.9/2005 of THE RENT CONTROL APPELLATE AUTHORITY(ADDL.DISTRICT COURT), KOZHIKODE. RCP.5/2001 of THE RENT CONTROL COURT(ADDL.MUNSIFF COURT),KOZHIKODE-I .................... PETITIONER / APPELLANT/2ND RESPONDENT ------------------------------------------------------------------------ K.P. MAMMED, S/O. K.P. AHAMMAD, RESIDING AT KOTTAMMAL PULILYAKKODE THIRUVAMBADI AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.R.RAMADAS RESPONDENT(S): RESPONDENTS/ PETITIONERS & IST RESPONDENT ---------------------------------------------------------------------------------------------------- 1. P.K. KADEEJA, W/O. E.C. CHERIYA AHAMMAD HAJI, KODUVALLY AMSOM DESOM, KOZHIKODE TALUK. 2. MUHAMMAD IQBAL, S/O. CHERIYA AHAMMED HAJI, DO. DO. 3. MUHAMMAD NIYAS, S/O. CHERIYA AHAMMED HAJI, DO. DO. 4. RAHEEDA, D/O. CHERIYA AHAMMED HAJI DO. DO. 5. LAILA, D/O. CHERIYA AHAMMAD HAJI, DO. DO. 6. NASEERA, D/O. CHERIYA AHAMMAD HAJI, DO. DO. 7. M.P.C. ABDUL NASSAR ALIAS M.P.C.NASSAR ALIAS E.C.NAZAR, S/O. M.P.ABDU HAJI, KODUVALLY AMSOM DESOM, KOZHIKODE TALUK. R1 TO R6 BY ADV. SRI.K.A.SALIL NARAYANAN THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12/10/2010, ALONG WITH RCR NO. 123 OF 2006 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. = = = = = = = = = = = = = R.C.R.Nos.121 & 123 2006 = = = = = = = = = = = = = Dated this the 12th day of October, 2010. O R D E R Pius C.Kuriakose, J. Both these revisions are directed against the judgment of the Rent Control Appellate Authority finding that the first respondent E.C.Nazar is the tenant of the building and ordering eviction against the ground on arrears of rent after entering a finding that contract rent payable is Rs.3,750/- per mensum and ordered eviction under Section 11(2)(b). The petitioner in RCR.No.121/2006, the 2nd respondent in the Rent Control Petition was impleaded in the RCP on the basis of a direction by this Court to consider the appeal which is filed by him on merit. The only question which arises in these revision petitions is whether the findings entered by the Appellate Authority in the impugned judgment regarding the monthly contract rent, regarding the identity of the tenant and also regarding the liability of RCR.Nos.121 & 123/06 -: 2 :- the tenant to suffer the order of eviction passed under Sec.11(2)(b) want interference. 2. We have heard Sri.T.Sethumadhavan and Sri.R.Ramadas, learned counsel for the revision petitioners in detail. We also heard Sri.Salil Narayanan, learned counsel for respondents/landlords. We have gone through the judgment of the Appellate Authority and the order of the Rent Control Court. Even though Sri.Sethumadhavan and Sri.Ramadas would assail the judgment of the Appellate Authority and the findings therein on the various grounds in the respective Rent Control Revisions, we are not persuaded to hold that the findings entered by the Rent Control Appellate Authority who is the final facts finding authority regarding the tenant's liability for an order of eviction under Sec.11(2)(b) suffers from any illegality, irregularity or impropriety as envisaged by Sec.20 and Sec.11(2)b). In fact, Sri.Ramadas and Sri.Sethumadhavan submitted before us that arrears of rent as found by the RCR.Nos.121 & 123/06 -: 3 :- Appellate Authority has been deposited pursuant to the order passed by this Court. The learned counsel for the petitioner submitted that as the order of eviction passed under Sec.11(2)(b) is tentative and is liable to be vacated on the basis of the deposits made under Sec.11(2)(c), the revision petitioner has been advised to invoke the provision under Sec.11(2)(b). We record the above submission. At any rate, we do not find any justification for interfering with the judgment of the Rent Control Appellate Authority. We dismiss both these revision petitions. We grant the revision petitioners 45 days time from today for making requisite application under Sec.11(2)(c) after depositing the amount. PIUS C.KURIAKOSE, (Judge) P.S.GOPINATHAN, (Judge) kvs/-