IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 RCRev..No. 289 of 2008 ------------------------ RCA.4/2002 of RENT CONTROL APPELLATE AUTHORITY (ADDL.DISTRICT COURT) (ADHOC), KASARAGOD RCP.23/1996 of PRL.MUNSIFF, KASARAGOD .................... REVISION PETITIONERS(SUPPLEMENTAL APPELLANTS 1 TO4 ---------------------------------------------------------------------- 1. CHANDRAVATHI. 2. SUMITHRA. 3. SUNANDA. 4. SHIVANANDA. 5. RAVIPRAKASHA. 6. SUMATHI. 7. MANODATHA.M, 8. THARANATHA ACHARYA. 9. SANATHA KUMAR(MINOR-AGED 10 YEARS). 10. PRATHISH KUMAR (MINOR-AGED 6 YEARS) R.P.NO.1 IS THE WIDOW AND REVISION PETITIONERS 2 TO 7 ARE THE CHILDREN OF ANATHA ACHARYA, RESIDING AT MOODAMVAIL, MOODAMVAIL VILLAGE AND POST, KASARAGOD TALUK. REVISION PETITIONER NO.8 IS THE S/O.NEELAYYA AND REVISION PETITIONERS 9 AND 10 ARE THE CHILDREN OF THE 8TH REVISION PETITIONER.THEY ARE RESIDING NEAR KALIKAMBA TEMPLE, MADHUR VILLAGE, POST MADHUR KASARAGOD TALUK. REVISION PETITIONERS 9 AND 10 ARE MINORS REPRESENTED BY THEIR NEXT FRIEND AND GUARDIAN (FATHER, THARANATHA ACHARYA, THE 8TH REVISION PETITIONER). BY ADV. SRI.D.KRISHNA PRASAD SRI.D.NARENDRANATH SMT.O.K.SANTHA RESPONDENT(S): --------------- 1. ASMATH. 2. MOHAMMED HANEEFA. 3. MOHAMMED ASLAM. 4. SMT.FIRDAS. 5. MOHAMMED AFSAL. 6. MOHAMMED NIZAM. 7. MOHAMMED SAFEE. 8. MOHAMMED JAVID, RESPONDENT NO.1 IS THE WIDOW AND RESPONDENT NOS.2 TO 8 ARE THE CHILDREN OF ABDUL AZEEZ RESIDING AT BAPPAITHOTTI HOUSE, UPPALA VILLAGE AND POST, KASARAGOD TALUK. ADV. SMT.PRABHA R.MENON,CAVEATOR THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & M.C. HARI RANI,JJ ============================== R.C.R. NO. 289 OF 2008 ============================ DATED THIS THE 21ST DAY OF JANUARY 2009 ORDER Pius C.Kuriakose,J. The tenants have come up in revision against the order of eviction concurrently passed against them under Section 11(4) (iv)and 11(4)(v) of the Kerala Buildings(Lease & Rent Control)Act (Act 2 of 1965)(hereinafter referred to as 'the Act') . 2. Smt.Prabha R.Menon had lodged a caveat on behalf of respondents/landlords. We have heard the submissions of Mr.D.Krishna Prasad, learned counsel for the petitioners and Smt.Prabha R.Menon. We have gone through the orders passed by the Rent Control Court and the Appellate Authority. Though we do not notice any infirmity, illegality or irregularity about those orders warranting correction under Section 20 of the Act, it is submitted by Smt.Prabha R.Menon, after taking instructions from her clients/respondents that the respondents will be RCR 289/2008. -2- satisfied with an order of eviction under Section 11(4)(iv) alone. Mr.Krishna Prasad agreed that if the order of eviction is to be passed only under Section 11(4)(iv), the revision petitioners cannot have any legitimate grievance since they will be assured of right to re-induction under the third proviso to Section 11(4) (iv) of the Act. 3. In view of the above submissions, we are inclined to dispose of the R.C.R. setting aside the order of eviction passed under Section 11(4)(v) and confining the order of eviction to the one granted under the ground mentioned in Section 11(4)(iv) of the Act. The respondents are directed to complete reconstruction of the building within one year of the respondents getting actual possession of the building from the petitioners. Once reconstruction is completed, the respondents will allot one room in the reconstructed building of more or less the same size as the petition schedule room to the petitioners subject, of course, to their liability to pay the prevailing market rent. The petitioners are allowed three months time from today to vacate the petition schedule building and put the respondents/landlords RCR 289/2008. -3- in possession of that building on condition that the petitioners will pay to the respondents/landlords a sum of Rs.500/-, which is found due to the respondents as arrears of rent in respect of the building at the rate of Re.1/- per month and statutory interest at the rate of 6% per annum. PIUS C. KURIAKOSE, JUDGE M.C. HARI RANI, JUDGE ks.