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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TH FRIDAY, THE 29 DAY OF JULY 2022 / 7TH SRAVANA, 1944 RCREV. NO. 179 OF 2021 AGAINST THE ORDER DATED 27/11/2019 IN I.A.NO.3508 OF 2019 IN R.C.P.NO.39 OF 2019 OF THE RENT CONTROL COURT (ADDITIONAL MUNSIFF-I, KOLLAM AND THE JUDGMENT DATED 30/06/2021 IN R.C.A.NO.42 OF 2019 OF THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE-V), KOLLAM REVISION PETITIONER/S:
R RADHAKRISHNA PILLAI AGED 65 YEARS S/O.LATE RAMAKRISHNA PILLAI, S/O.LATE RAMAKRISHNA PILLAI, RESIDING AT PADMA BHAVAN, KOTTAKKAKAM WARD, KOLLAM WEST VILLAGE, KOLLAM BY ADVS.
P.PARAMESWARAN NAIR SREELATHA PARAMESWARAN NAIR ASWIN KUMAR M J RENOY VINCENT HELEN P.A.
ARUN ROY SHAHIR SHOWKATH ALI RESPONDENT/S:
1 NAZARUDEEN AGED 65 YEARS S/O. HAJI A, MYTHEENKUNJU, ALI MANSION,NO 116, SAMSAM NAGAR, VADAKKEVILA P.O, KOLLAM 691 010
2 SHARAFUDEEN AGED 55 YEARS S/O. HAJI A MYTHEENKUNJU, ALI MANSION,NO 116, SAMSAM NAGAR, VADAKKEVILA P.O, KOLLAM 691 010
3 NIZARUDEEN AGED 53 YEARS S/O. HAJI A, MYTHEENKUNJU, ALI MANSION,NO 116, SAMSAM NAGAR, VADAKKEVILA P.O, KOLLAM 691 010 BY ADV ARUN BABU THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 29.07.2022, ALONG WITH RCRev.183/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TH FRIDAY, THE 29 DAY OF JULY 2022 / 7TH SRAVANA, 1944 RCREV. NO. 183 OF 2021 AGAINST THE ORDER DATED 27/11/2019 IN I.A.NO.3511 OF 2019 IN R.C.P.NO.40 OF 2019 OF THE RENT CONTROL COURT (ADDITIONAL MUNSIFF-I, KOLLAM AND THE JUDGMENT DATED 30/06/2021 IN R.C.A.NO.44 OF 2019 OF THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE-V), KOLLAM REVISION PETITIONER/S:
C.A. CHACKO AGED 74 YEARS S/O AUGUSTINE, CHANGAN HOUSE, VADAKKUMBHAGAM WARD, KOLLAM WEST, KOLLAM-691001.
BY ADVS.
P.PARAMESWARAN NAIR SREELATHA PARAMESWARAN NAIR ASWIN KUMAR M J RENOY VINCENT HELEN P.A.
ARUN ROY SHAHIR SHOWKATH ALI RESPONDENT/S:
1 NAZARUDEEN AGED 70 YEARS S/O LATE HAJI A MYTHEENKUNJU, ALI MANSION, NO.116, SAMSAM NAGAR, VADAKKEVILA P O, KOLLAM-691010.
2 SHARAFUDEEN AGED 60 YEARS S/O LATE HAJI A MYTHEENKUNJU, BEEMA’S HOUSE NO.115-A, SAMSAM NAGAR, VADAKKEVILA P O, KOLLAM-691010.
3 NIZARUDEEN AGED 56 YEARS S/O LATE HAJI A MYTHEENKUNJU, "AL-FALAH" NO.115B, SAMSAM NAGAR, VADAKKEVILA P O, KOLLAM-691010.
BY ADVS.
ARUN BABU (CAVEATOR)
ARUN BABU THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 29.07.2022, ALONG WITH RCRev.179/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TH FRIDAY, THE 29 DAY OF JULY 2022 / 7TH SRAVANA, 1944 RCREV. NO. 2 OF 2022 AGAINST THE ORDER DATED 27/11/2019 IN I.A.NO.3510 OF 2019 IN R.C.P.NO.43 OF 2019 OF THE RENT CONTROL COURT (ADDITIONAL MUNSIFF-I, KOLLAM AND THE JUDGMENT DATED 30/06/2021 IN R.C.A.NO.43 OF 2019 OF THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE-V), KOLLAM REVISION PETITIONER/S:
1 ARATHY AGED 35 YEARS D/O.CHACKO, JOY BHAVANAM, VIDHYA NAGAR, NEAR VIDHYADHIRAJA SCHOOL, KOTTAMUKKU, KOLLAM WEST, KOLLAM - 691 003.
2 C.A.CHACKO AGED 74 YEARS S/O.AUGUSTINE, CHANGAN HOUSE, VADAKKUMBHAGAM WARD, KOLLAM WEST, KOLLAM.
BY ADVS.
P.PARAMESWARAN NAIR ASWIN KUMAR M J SREELATHA PARAMESWARAN NAIR RENOY VINCENT HELEN P.A.
ARUN ROY SHAHIR SHOWKATH ALI RESPONDENT/S:
1 NAZARUDEEN AGED 70 YEARS S/O.LATE HAJI A., MUTHEEH KUNJU, ALI MANSION, NO.116, SAMSAM NAGAR, VADAKKEVILA P.O., KOLLAM -
691 010.
2 SHARAFUDEEN AGED 60 YEARS S/O.LATE HAJI A.MYTHEEN KUNJU, BEEMA’S HOUSE NO.115-A, SAMSAM NAGAR, VADAKKEVILA P.O., KOLLAM -
691 010.
3 NIZARUDEEN AGED 56 YEARS S/O.LATE HAJI A.MYTHEEN KUNJU, "AL-FALAH, NO.115B, SAMSAM NAGAR, VADAKKEVILA P.O., KOLLAM - 691 010.
BY ADVS.
ARUN BABU (CAVEATOR)
ARUN BABU THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 29.07.2022, ALONG WITH RCRev.179/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TH FRIDAY, THE 29 DAY OF JULY 2022 / 7TH SRAVANA, 1944 RCREV. NO. 6 OF 2022 AGAINST THE ORDER DATED 27/11/2019 IN I.A.NO.3509 OF 2019 IN R.C.P.NO.41 OF 2019 OF THE RENT CONTROL COURT (ADDITIONAL MUNSIFF-I, KOLLAM AND THE JUDGMENT DATED 30/06/2021 IN R.C.A.NO.41 OF 2019 OF THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE-V), KOLLAM REVISION PETITIONER/S: R.GOPALAKRISHNA PILLAI AGED 70 YEARS S/O LATE RAMAKRISHNA PILLAI, PROPRIETOR, M/S QUILON HARDWARES, HOSPITAL ROAD, KOLLM-691001.
BY ADVS.
P.PARAMESWARAN NAIR ASWIN KUMAR M J SREELATHA PARAMESWARAN NAIR RENOY VINCENT ARUN ROY SHAHIR SHOWKATH ALI RESPONDENT/S:
1 NAZARUDEEN AGED 65 YEARS S/O HAJI A, MYTHEENKUNJU, ALI MANSION, NO.116, SAMSAM NAGAR, VADAKKEVILA P O, KOLLAM-691010.
2 SHARAFUDEEN AGED 55 YEARS S/O HAJI A, MYTHEENKUNJU, ALI MANSION, NO.115-A, SAMSAM NAGAR, VADAKKEVILA P O, KOLLAM-691010.
3 NIZARUDEEN AGED 53 YEARS S/O HAJI A, MYTHEENKUNJU, ALI MANSION, NO.115-B, SAMSAM NAGAR, VADAKKEVILA P O, KOLLAM-691010.
BY ADV ARUN BABU (CAVEATOR)
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 29.07.2022, ALONG WITH RCRev.179/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O R D E R
Anil K. Narendran, J.
Since common issue is raised, these Rent Control Revisions, i.e., R.C.R.Nos.179 of 2021, 183 of 2021, 2 of 2022 and 6 of 2022 are heard together and being disposed of by this common order.
2. R.C.R.No.179 of 2021:- The petitioner is the respondent-tenant in R.C.P.No.39 of 2019 on the file of the Rent Control Court (Additional Munsiff-I), Kollam, a petition filed by the respondents herein under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking eviction of the tenant from the petition schedule shop room. During the pendency of that RCP, the landlords filed I.A.No.3508 of 2019, an application under Section 12 of the Act seeking an order directing the tenant to deposit the admitted arrears of rent. That application was dismissed by the order dated 27.11.2019 on the ground that the tenant has not admitted the arrears of rent, since he had already filed appeal before the Rent Control Appellate Authority against the order of the Rent Control Court in R.C.P.Nos.1, 2, 3, 4 and 17 of 2014 fixing the fair rent of the petition schedule shop room and the adjacent shop rooms, under Section 5(1) of the Act.
Challenging the order dated 27.11.2019, the landlords filed R.C.A.No.42 of 2019 before the Rent Control Appellate Authority (Additional District Judge-V), Kollam, invoking the provisions under Section 18(1)(b) of the Act. That appeal was allowed by the judgment dated 30.06.2021 and the tenant was directed to pay or deposit arrears of rent, at the rate fixed by the Rent Control Court by a common order passed in R.C.P.Nos.1, 2, 3, 4 and 17 of 2014, with effect from 01.01.2014, with costs. Feeling aggrieved by the judgment dated 30.06.2021 of the Rent Control Appellate Authority in R.C.A.No.42 of 2019, the tenant is before this Court in this Rent Control Revision, invoking the provisions under Section
20 of the Act.
3. R.C.R.No.183 of 2021:- The petitioner is the respondent-tenant in R.C.P.No.40 of 2019 on the file of the Rent Control Court (Additional Munsiff-I), Kollam, a petition filed by the respondents herein under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking eviction of the tenant from the petition schedule shop room. During the pendency of that RCP, the landlords filed I.A.No.3511 of 2019, an application under Section 12 of the Act seeking an order directing the tenant to deposit the admitted arrears of rent. That application was dismissed by the order dated 27.11.2019 on the ground that the tenant has not admitted the arrears of rent, since he had already filed appeal before the Rent Control Appellate Authority against the order of the Rent Control Court in R.C.P.Nos.1, 2, 3, 4 and 17 of 2014 fixing the fair rent of the petition schedule shop room and the adjacent shop rooms, under Section 5(1) of the Act. Challenging the order dated 27.11.2019, the landlords filed R.C.A.No.44 of 2019 before the Rent Control Appellate Authority (Additional District Judge-V), Kollam, invoking the provisions under Section 18(1)(b) of the Act. That appeal was allowed by the judgment dated 30.06.2021 and the tenant was directed to pay or deposit arrears of rent, at the rate fixed by the Rent Control Court by a common order passed in R.C.P.Nos.1, 2, 3, 4 and 17 of 2014, with effect from 01.01.2014, with costs. Feeling aggrieved by the judgment dated 30.06.2021 of the Rent Control Appellate Authority in R.C.A.No.44 of 2019, the tenant is before this Court in this Rent Control Revision, invoking the provisions under Section
20 of the Act.
4. R.C.R.No.2 of 2022:- The petitioner is the respondent-
tenant in R.C.P.No.43 of 2019 on the file of the Rent Control Court (Additional Munsiff-I), Kollam, a petition filed by the respondents herein under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking eviction of the tenant from the petition schedule shop room. During the pendency of that RCP, the landlords filed I.A.No.3510 of 2019, an applicatio
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