Anandavalli Amma vs U.J.Varghese on 1 February, 2011

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Kerala High Court

Anandavalli Amma vs U.J.Varghese on 1 February, 2011

Author: Pius C.Kuriakose

Bench: Pius C.Kuriakose, N.K.Balakrishnan

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 72 of 2011()


1. ANANDAVALLI AMMA,
                      ...  Petitioner
2. ARUN KUMAR,S/O.ANANDAVALLI AMMA,

                        Vs



1. U.J.VARGHESE,
                       ...       Respondent

                For Petitioner  :SRI.K.A.ABDUL SALAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN

 Dated :01/02/2011

 O R D E R
         PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
                      ------------------------
                     R.P. No.72 of 2011 in
                       RCR No.4 OF 2011
                      ------------------------

            Dated this the 1st day of February , 2011


                           JUDGMENT

Pius C.Kuriakose, J.

We have heard Sri.K.A.Abdul Salam, learned counsel for the review petitioners/landlords and Sri.M.P.Madhavan Kutty, learned counsel for the respondent/tenant in extenso. We have considered the submissions addressed by the learned counsel. We have also gone through the materials placed on record, particularly Annexures A1 an A2. We are of the view that our order dated 5/1/2011 sought to be reviewed by the landlords requires to be reviewed to a certain extent. The result of the Review Petition, accordingly, will be as follows;

i). The decision to confirm the order of eviction passed by the Rent Control Court and confirmed by the Appellate Authority will stand.

ii). The decision under our order to grant to the revision petitioner tenant time till 14/8/2011 will be subject to modified R.P..No.72/2011 2 conditions. The condition incorporated in our order that the petitioner/tenant should file an affidavit within two weeks from 5/1/2011 undertaking that he will surrender vacant possession of the building to the landlords on or before 14/8/2011 and that he will pay occupation charges at the current rent rate as and when the same falls due will stand deleted and will be substituted by the following conditions;

The revision petitioner/tenant shall file an affidavit on or before 7/2/2011 before the Execution Court undertaking as follows;

"that he will pay a total amount of Rs.9,000/- to the landlords either directly or through their counsel in the Execution Court towards damages for use and occupation and interest for the building for the period till 7/1/2011. It will also be undertaken through the same affidavit that he will pay occupation charges for the building for the period subsequent to 7/1/2011 till 14/8/2011 at the rate of Rs.2,500/- per mensem. It will also be R.P..No.72/2011 3 undertaken through the affidavit that the building will be surrendered at the latest by 14/8/2011 and that in case any default is caused by him in honouring any of the undertakings in the affidavit, there will be no objection to the Execution Court ordering delivery of the petition schedule building even before 14/8/2011."

It is clarified that the arrears quantified at Rs.9,000/- as above shall be paid by the revision petitioner/tenant within two weeks from today.

PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk

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