IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 RP.No. 490 of 2011() -------------------- AGAINST THE /ORDER IN RCR.80/2011 Dated 20/06/2011 .................... REVIEW PETITIONER(S)/REVISION PETITIONERS/APPELLANTS/RESPONDENTS: ---------------------- 1. THANKA @ THANKAMMA, W/O.LATE RAGHAVAN, ELUPPARAMBIL VEEDU, MANALVAYAL POST, IRULAM. 2. PRASAD, S/O.LATE RAGHAVAN, ELUPPARAMBIL VEEDU, MANALVAYAL POST, IRULAM. 3. PRADEEP, S/O.LATE RAGHAVAN, ELUPPARAMBIL VEEDU, MANALVAYAL POST, IRULAM. 4. PRADOSH, S/O.LATE RAGHAVAN, ELUPPARAMBIL VEEDU, MANALVAYAL POST, IRULAM. BY ADV. SMT.CELINE JOSEPH SRI..GRASHIOUS KURIAKOSE RESPONDENT(S)/RESPONDENT/RESPONDENT/PETITIONER: --------------- SANKARAN, S/O.KESAVAN, AALAKADAVIL VEEDU, PANDALATTUKUNNU, PULPALLY AMSOM DESOM, WAYANAD DISTRICT. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ R.P.No. 490 OF 2011 in RCR No.80 OF 2011 ------------------------ Dated this the 1st day of July, 2011 O R D E R Pius C.Kuriakose, J. Our order dated 20/6/2011 is sought to be reviewed on the basis of Annexures 1 to 3 produced along with the memorandum of review. The revision petition was directed against the order of the Rent Control Appellate Authority that "struck off" the contention of the tenant in the case on the reason that the arrears of rent, as directed by the Appellate Authority, was not paid despite several postings given. While, we are hearing the revision petition, there was controversy at the Bar as to what exactly was the rent in arrears inclusive of the rent for the month of June 2011. According to the learned counsel for the landlord, it was Rs.2700/-. According to the learned counsel for the tenant revision petitioner, it was only 900/-. As the learned counsel for the tenant was unable to place before us any material to support her claim, we accepted the R.P.No.490/2011 2 version of the landlord and gave relief to the tenant imposing mainly two conditions. viz. (i) pay Rs.2,700/- the amount mentioned by the learned counsel for the landlord. (ii) pay Rs.2,300/- as costs. 2. Sri.Grashious Kuriakose, learned counsel for the petitioner submitted that Annexures produced along with the Review Petition will show that the allegation of the landlord at the time of hearing of the revision petition that Rs.2700/- was due is not correct. Sri.Thomas Antony, learned counsel for the landlord does not agree. He maintains that it is after giving credit to the amounts disclosed by the Annexures that he arrive at the figure of 2700/-. 3. We do not propose to settle the issue by ourselves. In the order dated 20/6/2011 itself we have stated that this controversy will have to be settled by the Rent Control Appellate Authority as the appeal is directed against the eviction order passed under Section 11 (2)(b). We do not find any warrant for interfering with the order . 4. The Review Petition will stand allowed with an observation that if the Rent Control Appellate Authority R.P.No.490/2011 3 ultimately finds that the arrears legally due inclusive of the rent for the month of June 2011 as on 20/6/2011 was less than Rs.2700/-, the learned Appellate Authority will allow the tenant to adjust the excess if any paid by the tenant against the rent that falls due in respect of the building subsequently. 5. We also clarify that deposit of sum of Rs.2700/- before the Appellate Authority by the tenant in stead of directing payment will be sufficient compliance of the condition No.(ii) in our order dated 20/6/2011 in RCR No. 80/2011. Though Mr.Grashious Kuriakose very vehemently appealed for reduction of the cost amount of Rs.2300/- imposed by us under our order dated 20/6/2011, as it is apparent that the tenant was not all prompt in the matter of payment of rent, we do not find any reason for reducing the cost. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk