IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 RP.No. 620 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN RCR.440/2004 Dated 12/09/2007 .................... REVIEW PETITIONER(S): / REVISION PETITIONER ---------------------- VALIYAKATH PUTHIYA MALIYAKKAL ABDURAHIMAN BUSINESS, S/O.BAVUTTY HAJI, AGED 45 YEARS NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK BY ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE SRI.C.P.MOHAMMED NIAS RESPONDENT(S): / RESPONDENTS --------------- 1. PUTHIYA OJINTAKATH MUSTHAFA S/O.AHAMMED KOYA, AGED 42 YEARS NAGARAM AMSOM AND DESOM KOZHIKODE TALUK 2. BAHULAL UPADHYAYA, S/O.MANIKKACHANDRA UPADHYAYA, AGED ABOUT 42 YEARS, B/96 SREE BALAJI MISTHAN BANDAR, NAGA RAM AMSOM AND DESOM OF KOZHIKODE TALUK ADV. SRI.AVM.SALAHUDIN FOR R1 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. ---------------------------------- R.P.No.620 of 2008 in R.C.R. No.440 of 2004 --------------------------------- Dated, this the 6th day of December, 2010 O R D E R C.N.Ramachandran Nair, J. This review petition is filed against the order of this Court closing the Rent Control Revision case as infructuous. The order was pronounced recording the submission of the landlord that possession was surrendered and the building is again rented out to another person. 2. The review petitioner's case is that the delivery was ordered by the Execution Court without notice to him and so much so, he wanted to contest the case on merits. We do not find any substance in the contention because not only possession of the building was taken over by the landlord, but he has also let out the building to another person, who happens to be the son of sub- tenant engaged by the review petitioner, the then tenant, in violation of tenancy condition, which led to eviction order against R.P.No.620/2008 in RCR No.440/2004 -2- him. Consequently, the review petition filed is without any merit, and we dismiss the same. (C.N.RAMACHANDRAN NAIR, JUDGE) (T.R.RAMACHANDRAN NAIR, JUDGE) jg