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2024 Supreme(Online)(KER) 26992
HIGH COURT OF KERALA
ANIL K. NARENDRAN, HARISANKAR V. MENON, JJ
TOMY GEORGE – Appellant
Versus
V.C. JOSEPH – Respondent
RCRev. 77/2024
Tenants may withdraw their revision petitions under the Kerala Buildings (Lease and Rent Control) Act, allowing the court to dismiss the case based on such requests.
Headnote:
Rent - Tenancy - Kerala Buildings (Lease and Rent Control) Act, 1965 - Sections 12(1), 20 - Court confirmed the orders directing tenant to vacate and deposit arrears but allowed withdrawal of revision petition.
Fact of the Case:
The tenant filed a revision petition against the Rent Control Court's orders directing him to pay arrears and vacate the premises, which were upheld by the Rent Control Appellate Authority.
Finding of the Court:
The court noted the tenant's request to withdraw the revision petition, leading to the dismissal of the case as withdrawn.
Issues: Whether the tenant should be allowed to withdraw the revision petition against the Rent Control Court's orders.
Ratio Decidendi: The court concluded that, given the tenant's request to withdraw, the petition should be dismissed as withdrawn per his request.
Final Decision: Revision petition dismissed as withdrawn.
Harisankar V. Menon, J. This revision petition is filed by the tenant before the Rent Control Court, Ettumannoor in RCP No.3 of 2019. The Rent Control Court by its order dated 01.08.2022 in I.A.No.1 of 2020 in RCP No.3 of 2019 exercised its powers under Section 12 (1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the Act), directing the respondent to deposit the entire arrears.
Subsequently, by another order dated 27.9.2022, the Rent Control Court stopped the entire proceedings, directing the tenant to vacate the premises and put the landlord in possession of the building. The said orders were challenged in RCA No.18 of 2022 before the Rent Control Appellate Authority-II, Kottayam.
The said authority by an order dated 30.01.2024 has refused interference in the matter and has dismissed the appeal. It is against the above orders, the petitioner-tenant has preferred this revision petition under Section 20 of the Act.
2. We have heard the learned counsel for the petitioner- tenant as well as the respondents-landlords.
3. The learned counsel for the petitioner-tenant submitted that he may be permitted to withdraw the Rent Control Revision Petition.
In such circumstances, this Rent Control Revision Petition is dismissed as withdrawn.
