Kerala High Court
M/S.Attukal Devi Institute Of Medical ... vs M/S.Attukal Bhagavathy Temple Trust
Bench: T.R.Ramachandran Nair, P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 1ST DAY OF OCTOBER 2014/9TH ASWINA, 1936
RCRev..No. 248 of 2014 ()
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AGAINST THE JUDGMENT DATED 14.8.2014 IN RCA 9/2014 ON THE FILE OF
THE RENT CONTROL APPELLATE AUTHORITY-II,THIRUVANANTHAPURAM
(ON APPEAL FROM THE ORDER DATED 8.1.2014 IN I.A.269/2014 IN RCP
NO.35/2011, RENT CONTROL COURT, THIRUVANANTHAPURAM).
REVISION PETITIONER(APPELLANT/RESPONDENT:
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M/S.ATTUKAL DEVI INSTITUTE OF MEDICAL SCIENCES LIMITED
ATTUKAL, THIRUVANANTHAPURAM-695009
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR
DR.R.AYYAPPAN NAIR.
BY ADVS.SRI.DINESH R.SHENOY
SRI.H.KIRAN
RESPONDENT(S)/RESPONDENT/PETITIONER:
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M/S.ATTUKAL BHAGAVATHY TEMPLE TRUST
ATTUKAL, THIRUVANANTHAPURAM-695009
REPRESENTED BY ATTUKAL
THIRUVANANTHAPURAM-695009 REPRESENTED BY ITS SECRETARY.
R1 BY ADV. SRI.D.KISHAN
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON
01-10-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AL/-
T.R.RAMACHANDRAN NAIR &
P.V.ASHA, JJ.,
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RC.REV. No.248 of 2014
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Dated this the 1st day of October 2014
O R D E R
Ramachandran Nair, J., This Revision Petition is filed by the respondent in RCP No.35/2011 on the file of the Rent Control Court, Thiruvananthapuram, aggrieved by the concurrent orders viz., in I.A.No. 269/14 by the Rent Control Court which has been confirmed in appeal by the Appellate Authority in R.C.A. No.9/2014.
2. The application for eviction is filed by the respondent under Section 11 (2) (b) of the Act. During the pendency of the application, I.A. 8209/2012 was filed by the landlord on 3.8.2013 seeking for a direction to pay `.1,30,00,000/- in three equal monthly instalments with 6% interest p.a. The Rent Control Court passed an order directing to pay the instalments by 3.9.2013, 3.10.2013 and 4.11.2013 with a default clause. The tenant filed I.A. 6157/2013 for extension of time which was RC.REV. No.248 of 2014 :2: allowed by order dated 7.11.2013. As a result of the order, the tenant had to make payment of 1st and 2nd instalments together before 7.12.2013. Thus they got one more month's time to pay the arrears. For the alleged non-compliance of the said directions, the matter was again heard and the order was passed by the Rent Control Court finding that the tenant is liable for summary eviction under Section 12 (3) of the Act.
3. We heard the learned counsel for both sides. Sri. Dinesh R.Shenoy, learned counsel for the petitioner submitted that the petitioner is a Company and settlement talks are going on with various institutions for taking over the hospital run by the petitioner. It is submitted that it is a running hospital and immediate eviction will cause severe hardship to the patients also. Therefore, he seeks for a reasonable time to comply with the directions to avoid eviction. Learned counsel for the respondent Sri.Kishore submitted that ample opportunity was given by the Rent Control Court and if at all, this Court is inclined to grant time, it may be made conditional and minimum time alone may be granted to the tenant. RC.REV. No.248 of 2014 :3:
4. Having heard the learned counsel for both sides and in view of the fact that, the petitioner is running a hospital within the premises, we grant time upto 31.12.2014. The petitioner will have to clear the arrears of rent to avoid eviction under Section 12(3) before the said date. It is open to the petitioner to make payment in instalments also. It is submitted by the learned counsel for the petitioner that only by rearrangement funds can be raised.
We therefore, dismiss the Revision Petition, confirming the order, but subject to the above modification. In the event of default in payment being made as per the above direction, the respondent can proceed in accordance with law.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) Sd/-
P.V.ASHA (JUDGE) AL/-
True copy P.A to Judge