IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 RCRev..No. 404 of 2006() ------------------------ RCA.19/2004 of DISTRICT COURT, ALAPPUZHA RCP.49/2003 of PRINCIPAL MUNSIFF,ALAPPUZHA .................... REVN. PETITIONER/APPELLANT/RESPONDENT ---------------------------------------------------------- UDAYAKUMAR, S/O. DAMODARA PAI, AGED 51 YEARS, PUTHENMADATHIL HOUSE, THIRUMALA WARD, ALAPPUZHA. BY ADV. SRI.A.BALAGOPALAN SMT.KALA G.NAMBIAR RESPONDENT(S): RESPONDENT/PETITIONER ------------------------------------- RUGMINI AMMAL, D/O. GOURI AMMAL, AGED 65 YEARS, RESIDING AT LALAJI BHAVAN, SANATHANAM WARD, SOUTH ARYAD VILLAGE, ALAPPUZHA. ADV. SRIR.AZAD BABU FOR R1 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ R.C.R.No.404 OF 2006 ------------------------ Dated this the 28th day of July, 2009 ORDER Pius C.Kuriakose, J. It is submitted by Sri.A.Balagopalan, learned counsel for the revision petitioner, that the only ground on which the eviction was ordered against the revision petitioner is the ground of arrears of rent. According to the learned counsel, the entire arrears of rent has been paid off and even rent which falls due subsequently is being regularly paid. It is well known that orders of eviction under Section 11(2)(b) are only tentative orders which are liable to be set aside by the rent control court on motion made before that court under Section 11(2) (c) of the Act. We dispose of this revision petition permitting the petitioner to move the rent control court for getting the order of eviction RCR.No.404/2006 2 formally set aside under Section 11 (2)(c). Time for making deposit and for filing application under Section 11(2)(c) is one month from today. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk