IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C. KURIAKOSE THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 CRP.No. 2404 of 2002(A) ----------------------- RCP.126/1985 of PRL.M.C.,KOZHIKODE-I RCA.81/2000 of ADDL.DISTRICT COURT, KOZHIKODE .................... REVN. PETITIONER(S): APPELLANTS/RESPONDENTS 2 AND 6: ---------------------------------------------------- 1. MERLYN N. CALAB, D/O. C.L. CALAB, RESIDING AT KATCHERI AMSOM AND KURUMBRAKKATTASSERI DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. 2. JESWANTH N. CALAB, S/O. C.L.CALAB, RESIDING AT DO. BY ADV. SRI.M.P.SREEKRISHNAN RESPONDENT(S): RESPONDENTS/PETITIONER & RESPONDENTS 3 TO 5 IN RCP ----------------------------------------------------------------- 1. MRS. LEELA KARUNAKARAN, D/O. K.C. KUTTY, KONNANATTU HOUSE, NEAR ENGLISH CHURCH NADAKKAVU, KACHERI AMSOM AND DESOM, KOZHIKODE TALUK, DO. DISTRICT. 2. SURESH M. CALAB, S/O. C.L. CALAB, RESIDING AT SUNNY SIDE KUNIYAL PARAMBA, KACHERI AMSOM AND KURUMBRAKATTASSEY DESOM, KOZHIKODE TALUK, DO. 3. SISSTER SOBHANA O. CALAB, RESIDING AT DO. 4. BROTHER RAMESH O. CALAB, DO. DO. ADV. SRI.C.P.MOHAMMED NIAS FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. ------------------------------------------------- C.R.P. 2404 of 2002 ------------------------------------------------- Dated: JULY 22, 2009 ORDER Pius C. Kuriakose, J. The revision is remaining in the defect list on the reason that steps have not been taken for impleading the legal heirs of deceased landlord. But it is submitted on behalf of senior counsel Sri M.C. Sen that the tenant/revision petitioner is ready and willing to surrender the premises. On going through the impugned judgment of the Rent Control Appellate Authority, we feel that there is no warrant at all for invoking the revisional jurisdiction under sec.20, since the findings entered thereon are founded on legal evidence available on record as agreed to by both sides, we reject the CRP. However, it is directed that the Execution Court shall not order and effect delivery of the petition schedule building till 30.9.2009 subject to the following condition: The revision petitioner/tenant shall file an affidavit before the Execution Court if execution petition is pending or before the Rent Control Court within three weeks from today stating that he will peacefully surrender possession of C.R.P. 2404 of 2002 2 the petition schedule building to the legal heirs of the deceased landlord on or before 30.9.2009. PIUS C. KURIAKOSE, JUDGE P.Q. BARKATH ALI, JUDGE mt/-