C.A.NOUSHAD Vs. MARIYAMMA JOB

JUDGEMENT

(1.) THE first respondent filed R.C.P.No.20 of 2002 on the file of the Rent Control Court, Alappuzha, against the petitioners under Section 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act. It is submitted that the first respondent died and her rights devolved on the second respondent. The Rent Control Court allowed the R.C.P. by the order dated 8.10.2007. Though the petitioners/tenants filed Rent Control Appeal, the same was dismissed.

(2.) THE second respondent/landlord filed E.P.No.56 of 2012 to execute the order of eviction. The tenants undertook to vacate the building by 31.5.2014, as per Exhibit P1 affidavit. The executing court passed Exhibit P2 order dated 5.2.2014 on the basis of Exhibit P1 affidavit. The tenants filed Exhibit P3 application to review the earlier order and requesting for time till 31.7.2014 to vacate the petition schedule building. The Rent Control Court dismissed that application by Exhibit P4 order dated 2.6.2014. The tenants filed R.C.R.No.2 of 2014 (Exhibit P5) before the District Court, challenging the order of the Rent Control Court dated 2.6.2014. The tenants also filed Exhibit P5(4) stay petition to which the landlord filed Exhibit P6 objections. The revisional court by Exhibit P7 order dated 31.7.2014 held that the tenants having filed an affidavit undertaking to vacate by 31.5.2014 and they having not complied with the same, they are really contemnors in the light of the decision of the Supreme Court in Noorali Babul Thanewala v. Sh. K.M.M.Shetty (AIR 1990 Supreme Court 464). The revisional court dismissed the revision. However, the tenants were directed to surrender vacant possession of the petition schedule building within two weeks from the date of the order. That means, the tenants will get time till 14.8.2014 to vacate. Even in Exhibit P3 petition for extension of time, they prayed for time till 31.7.2014, but now they have got time till 14.8.2014. The challenge in this O.P.(R.C.) is against the revisional order dated 31.7.2014. Since practically, the petitioners/tenants got more time then they requested for, nothing remains in this Rent Control Revision. The Rent Control Revision is accordingly dismissed.