Surrendering possession by the tenant concludes disputes regarding rent fixation under the Kerala Buildings Act.

O R D E R

Anil K. Narendran, J The petitioner is the respondent-tenant in R.C.P.No.87 of

2013 on the file of the Rent Control Court (Additional Munsiff-II), Kozhikode, a petition filed by the respondent herein-landlord under Section 5 (1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 , seeking fixation of fair rent of the petition schedule shop room. By the order dated 13.01.2015, the Rent Control Court allowed R.C.P.No.87 of 2013 by fixing the fair rent of the petition schedule shop room as Rs.2,500/- per month from the date of petition as against the claim of the landlord for fixation of fair rent as Rs.4,5000/-. As per the said order, 10% revision of the fair rent was provided in every three years.

2. Challenging fixation of fair rent as Rs.2,500/- per month, the tenant filed R.C.A.No.33 of 2015 before the Rent Control Appellate Authority (Additional District Judge-III), Kozhikode, invoking the provisions under Section 18 (1)(b) of the Act. Feeling aggrieved by the fixation of fair rent at a lower rate of Rs.2,500/- per month, the landlord filed R.C.A.No.59 of 2015. By judgment dated 30.09.2016, the Appellate Authority allowed R.C.A.No.59 of 2015 filed by the landlord and fixed the fair rent of the petition schedule shop room as Rs.4,500/- per month from the date of petition and the tenant was held liable to pay revised rate of rent at 10% per year. By the order dated 01.09.2016, the Appellate Authority dismissed for default R.C.A.No.33 of 2015 filed by the tenant. Challenging the order dated 01.09.2016 of the Rent Control Appellate Authority in R.C.A.No.33 of 2015, the tenant filed R.C.Rev.No.14 of 2017. Challenging the judgment dated 30.09.2016 in R.C.A.No.59 of 2015, the tenant filed R.C.Rev.No.376 of 2016.

3. On 19.12.2016, when R.C.R.No.376 of 2016 was taken up on admission, this Court admitted the matter to file and notice was issued to the respondent-landlord. An interim stay was granted in I.A.No.2939 of 2016 on condition that the petitioner- tenant shall pay the arrears of rent, if any, at the rate of Rs.2500/- per month and continue to pay the monthly rent at that rate, until further orders. On 10.12.2017, when R.C.R.No.14 of 2016 was taken up on admission, this Court admitted the matter to file and notice was issued to the respondent-landlord by speed post.

4. Today, when these Rent Control Revisions are taken up for consideration, the learned counsel for the petitioner-tenant would submit that the tenant had already surrendered vacant possession of the petition schedule shop room in R.C.P.No.87 of 2013 on the file of the Rent Control Court, Kozhikode, to the respondent-landlord in terms of the settlement with the landlord.

Recording the aforesaid fact, these Rent Control Revisions are disposed of.

ANIL K.NARENDRAN JUDGE