IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 RCRev..No. 456 of 2011() ------------------------ RCA.175/2011 of RENT CONTROL APPELLATE AUTHORIRTY THALASSERY I.A. NO.3067/2011 IN RCP.65/2011 of RENT CONTROL COURT .,KANNUR .................... REVN.PETITIONER/APPELLANT/PETITIONER/RESPONDENT ------------------------------------------------------------------- P.M.MOHAMMED ASHRAF, S/O. ABDUL RAHMAN, K.P.PROPRIETOR, OSCAR LODGE, SOUTH BAZAR, KANNUR-2. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): RESPONDENTS/PETITIONERS -------------------------------------- 1. K.P.HAMZAKUTTY HAJI, S/O. ABOOBACKER, AGED 54 YEARS, RESIDING AT KHADEEJA MANZIL, PAMBURITHI ROAD, P.O.NARATH-670 603, KANNUR DISTRICT. 2. K.P.MARIYAM, AGED 39 YEARS, D/O. ABOOBACKER, MASNA'S, T.C.GATE ROAD, NARATH-670 603, KANNUR. 3. K.P.ABDUL JABBAR, S/O. ABOOBACKER, AGED 43 YEARS, RESIDING AT FATHIMA MANZIL, T.C.GATE, P.O.NARATH-670 603, KANNUR. NOW RESIDING AT DAMAM, SAUDI ARABIA. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ R.C.R NO.456 OF 2011 ------------------------ Dated this the 8th day of December, 2011 O R D E R Pius C.Kuriakose, J. Under challenge in this revision filed by the tenant is the judgment of the Rent Control Appellate Authority rejecting RCA No.175/2011 filed by the revision petitioner against the conditional order passed by the Rent Control Court setting aside an ex pare order of eviction on condition that a total amount of Rs.76,000/- shall be paid by the revision petitioner as costs within a period of ten days. 2. The learned Appellate Authority has rejected the appeal taking the view that the order which was impugned in the appeal was an interlocutory order which does not affect the rights and liabilities of the parties. The learned Appellate Authority took a further view that the appeal was not maintainable as the time, which had been fixed by the Rent Control Court for payment of cost , has already expired when the appeal was preferred. As we do not find any infirmity about the order passed by the Rent RCR No. 456 /2011 2 Control Court in I.A. No.3067/2011 in RCP No.65/2011, we are not inclined to admit this revision. Even if the appeal had been considered on merits, there would not have been any justification for the appellate authority to interfere with the above order. Rs.76,000/- would at first look appear to be a huge amount. But when it is considered that the building in question is a substantial one, where the petitioner is conducting a lodging house paying only a monthly rent of Rs.38,000/- to the landlord, it is not in difficult to find that the total amount ordered as costs comes to only two months' monthly rent. 3. At the same time, the submission of Sri.M.Ramesh Chander that the revision petitioner should be allowed the benefit of the order which was passed by the Rent Control Court, has some appeal to us. Hence, even as we approve the order passed by the learned Rent Control Court, we are inclined to dispose of the revision petition for that reason. We are inclined to issue notice to the respondent/landlord to decide as to how much time can be granted to the revision petitioner for paying the cost amount of Rs.76,000/- payable in terms of the order of the Rent Control Court. RCR No. 456 /2011 3 4. The result of the above discussion is therefore as follows; The revision petition is disposed of without interfering with the decision of the Rent Control Court or the Rent Control appellate Authority. However, we issue urgent notice by speed post to the respondent to determine as to how much time can be given to the revision petitioner to pay a sum of Rs.76,000/- , the cost amount due under the order in I.A. No. 3067/2011 in RCP No.65/2011. As we are told that the Execution Court has already ordered delivery, we direct the Execution Court to adjourn the delivery presently scheduled for 14/12/2011 by a week. Post on 9/12/2011. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk RCR No. 456 /2011 4