IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 RP.No. 909 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN RCR.6/2007 Dated 20/05/2010 .................... REVIEW PETITIONER(S): REVISION PETITIONERS ------------------------------------------ 1. PAUL, S/O.THELEKKADAN PAILY, KALATHODU DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK. 2. THRESSIA, W/O.PAUL, KALATHODU DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK. BY ADV. SRI.N.P.SAMUEL RESPONDENT(S): RESPONDENTS -------------------------- 1. NIXON, S/O.CHIRAKKEKKARAN ANTONY, NELLANKARA DESOM, CHEMBOOKKAVU VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. 2. CHAKKALAKKAL LAZAR BABY, HOUSE NO.15/739, SOUHRADA NAGAR, P.O.NELLIKUNNU, THRISSUR-5. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- RP. No. 909 of 2010 in RCR. No. 6 of 2007 ----------------------------------------------- Dated this the 29th day of March, 2011 O R D E R Pius C.Kuriakose, J. The tenants revision petitioners have filed this RP urging that in a subsequent civil proceeding Ext.A7 document of title under which the contesting respondents obtained title to the property was set aside. It is submitted by Mr.Dilip J.Akkara, learned counsel for the revision petitioners that Ext.A7 document of title has been set aside by the insolvency court in IP No. 18 of 2002 of the Subordinate Judge's Court, Thrissur. According to Mr.Akkara the above order of the insolvency court is a subsequent event having a fundamental impact on the entitlement of the respondents to evict the review petitioners on the strength of Ext.A1 rent chit. Learned counsel for the respondent submitted that he is not presently having instructions from the respondent. The entire file has been RP.909/10 -2- returned to the respondents after the RCR was over. He requested that notice may be issued to the respondents. 2. We have considered the rival submissions addressed before us. We are at a loss to see how an insolvency court can set aside a document of title in an insolvency proceedings. However, in view of the assertion of Mr.Akkara that A7 was set aside with notice to the landlords we are inclined to dispose of the RP issuing the following directions: The learned Rent Control Appellate Authority while taking fresh decision on the basis of our order dated 20th May 2010 will consider the implications of the order in I.P.18 of 2002 cancelling Ext.A7 document of sale in favour of the landlords. We make it clear that it is open to the respondents to urge before the Rent Control Appellate Authority that the order of the insolvency court cannot have any effect on their eligibility to evict the review petitioners RP.909/10 -3- under the provisions of the Rent Control Act. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUAL REHIM, JUDGE) ksv/-