IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 RCRev..No. 111 of 2008(B) ------------------------------ AGAINST THE ORDER DATED 22/01/2008 IN IA 1400/2007 & I.A.1401/07 IN RCA.26/2004 of D.C., KOLLAM RCOP.25/1987 of PRL. RENT CONTROLLER, KOLLAM .................... REVISION PETITIONERS/ADDL.APPELLANTS/ADDL. APPELLANTS 2 TO 4/ NOT PARTIES --------------------------------------------------------------------------------- 1. NAZARUDEEN, S/O. S. NOORUDEEN, AGED 64, RESIDING AT PARK VIEW KOTTAKKAKATHU CHERRY, KOLLAM VILLAGE, KOLLAM. 2. ARIFA BEEVI, D/O. S. NOORUDEN, AGED 66 YEARS, RESIDING AT PARK VIEW KOTTAKKATHU CHERRY, KOLLAM VILLAGE, KOLLAM. 3. ANVARUDEEN, S/O.S. NOORUDEEN, AGED 53 YEARS, RESIDING AT PARK VIEW KOTTAKKAKATHU CHERRY, KOLLAM VILLAGE, KOLLAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENTS/RESPONDENTS/RESPONDENTS/RESPONDENTS ---------------------------------------------------------------------- 1. M/S. KRISHNA TALKIES, KOLLAM, REP. BY ITS MANAGING PARTNER R. THIRUVENKITOM, AGED 72 YEARS, S/O. RAMASWAMI REDDIAR, KUMAR BHAVAN, VADAYATTUKOTTA, KOLLAM. RCR.111/08 -2- 2. R. THIRUVENKITOM, AGED 72 YEARS, S/O. RAMASWAMI REDDIAR, KUMAR BHAVANAM, KOLLAM. ADV. SRI.K.A.SALIL NARAYANAN FOR R2 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & P. S. GOPINATHAN, JJ. ------------------------------------------------ R. C. R. No.111 of 2008 ------------------------------------------------ Dated this the 1st day of December, 2010 ORDER Pius C. Kuriakose, J Under challenge in this revision under Section 20 is the judgment of the Rent Control Appellate Authority, Kollam declining eviction on the ground of arrears of rent and also under Section 11(iv)(2), the ground of misuser of the building in such a manner as to reduce value and utility of the building materially and permanently. Sri.K.Jaju Babu, the learned counsel for the revision petitioners addressed us very strenuously on the various grounds raised in this revision assailing the decisions of the statutory authorities. R. C. R. No.111 of 2008 -2- All the submissions of Sri.Jaju Babu were resisted by Sri.K.A.Salil Narayanan, the learned counsel for the respondents. Having considered the rival submissions and having scanned the judgment of the Appellate Authority and the order of the Rent Control Court, we are of the view that there is no illegality, irregularity or impropriety as envisaged by Section 20 of Act 2 of 1965 about the judgment of the Appellate Authority. 2. We, therefore, sustain the order declining eviction on any of the grounds invoked. At the same time, we notice another aspect of the matter. The RCP was instituted in the year 1987 with the allegation that rent is in arrears from 01/01/86. These proceedings have been pending before various authorities for more than two R. C. R. No.111 of 2008 -3- decades now. It was submitted by Sri.Jaju Babu that after the RCP was instituted, no amount was paid or deposited by the respondents towards the rent in arrears including the rent which fell due subsequent to the commencement of the proceedings. The above submission was opposed by Sri.Salil Narayan. According to him, as per instructions imparted to him by his counter part at Kollam, the rent that fell due subsequently is promptly paid or deposited in the court below. Under the above circumstances, we are inclined to issue directions so as to ensure that the revision petitioners/landlords are able to recover at least the rent at the agreed rate which fell due during the pendency of the Rent Control Proceedings till date. R. C. R. No.111 of 2008 -4- 3. We notice another aspect of the matter. The petition schedule building which was originally let out to the respondents as a cinema house has subsequently been converted as an auditorium cum Kalyanamandapam and is being let out by the respondents to various parties. We feel, having regard to the importance of the locality where the petition schedule building is situated and also the tax which is levied by the Kollam Corporation in respect of the building, that, the rent payable as per the agreement between the parties is inadequate. We are therefore, inclined to re-fix the rent payable by the respondents for the building tentatively with effect from 01/01/11. 4. The result of the above discussion therefore, is as follows:- R. C. R. No.111 of 2008 -5- The judgment of the Appellate Authority declining eviction is confirmed. Respondents are directed to pay the entire rent at the current rent rate which fell due in respect of the petition schedule building since 30/06/87 till date (30/11/10) less any amount paid or deposited during the pendency of the present rent control proceedings (RCP, RCA and the present RCR) to the revision petitioners within a period of two months from today. The rent payable by the respondents for the building is re-fixed with effect from 01/01/11 at Rs.25,000/- per mensem. We make it clear that this re-fixation is tentative and if either party is aggrieved it is open to them to apply for regular fixation of fair rent under Section 5 of Act 2 of 1965. Till such time as fair rent is R. C. R. No.111 of 2008 -6- fixed by the Rent Control Court, the respondents shall pay rent at the rate of Rs.25,000/- per mensem. PIUS C. KURIAKOSE JUDGE P. S. GOPINATHAN JUDGE kns/-