IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943 RCREV. NO. 133 OF 2021 AGAINST THE JUDGMENT DATED 06.08.2021 IN R.C.A.NO.52 OF
2014 OF THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT COURT- IV), THALASSERY AND THE ORDER DATED
31.01.2014 IN R.C.P.NO.40 OF 2012 OF THE RENT CONTROL COURT (MUNSIFF COURT), PAYYANNUR REVISION PETITIONER / APPELLANT/RESPONDENT :
ETTAMAL KHALID, AGED 73 YEARS, S/O MUHAMMED, RESIDING AT KUNHIPALLI ROAD, PAPPINISSERI AMSOM DESOM, P.O PAPPINISSERI, KANNUR TALUK, KANNUR-670561.
BY ADV K.RAJESH SUKUMARAN RESPONDEN T S / RESPONDEN T S / PETITIONER S:
1 SEERE VALAPPIL MUHAMMED RAFEEQ, AGED 48 YEARS S/O BILAVINAKATH JAMALUDHEEN, RESIDING AT MADAI AMSOM DESOM, P.O.MADAI, KANNUR-670304.
2 KADAKKAN KADAVATH HAMSA, AGED 63 YEARS S/O NABEES UMMA, RESIDING AT MATTOOL AMSOM DESOM, MATTOOL P.O, KANNUR-670302.
BY ADV SATHEESAN ALAKKADAN (CAVEATOR)
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O R D E R
Anil K. Narendran, J.
The petitioner is the respondent in R.C.P.No.40 of 2012 on the file of the Rent Control Court (Munsiff), Payyannur, which is a petition filed by the respondents herein-landlords under Sections 11(2)(b), 11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking an order of eviction of the tenant from the petition schedule building. The Rent Control Petition was allowed under Sections 11(2) (b), 11(3) and 11(4)(ii) of the Act by the order dated 31.01.2014 of the Rent Control Court. Challenging the aforesaid order dated 31.01.2014, the tenant filed R.C.A.No.52 of 2014 before the Rent Control Appellate Authority (Additional District Judge-IV). The Appellate Authority, vide judgment dated 06.08.2021, partly allowed the appeal by vacating the order of eviction granted under Section 11(2)(b) of the Act, however confirming the order of eviction under Sections 11(3) and 11(4)(ii) of the Act. Challenging the order dated 31.01.2014 of the Rent Control Court and also the judgment dated 06.08.2021 of the Rent Control Appellate Authority, petitioner-tenant is before this Court in this Rent Control Revision under Section 20 of the Act.
2. On 25.10.2021, when this Rent Control Revision came up for admission, this Court admitted the matter on file.
The learned counsel took notice for the respondents.
3. The learned counsel for the petitioner-tenant has filed a not-press memo stating that the matter is settled between the parties and as such, the petitioner has surrendered vacant possession of the petition schedule room to the respondents-landlords.
In such circumstances, recording the aforesaid memo filed by the learned counsel for the petitioner-tenant, this Rent Control Revision is dismissed as not pressed.
ANIL K. NARENDRAN, JUDGE
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