Kelattu Divakaran v. Naduvilakath Aboobacker

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 RCRev..No. 595 of 2005() ------------------------ RCA.19/2005 of RENT CONTROL APPELLATE AUTHROTIY, KOZHIKODE RCP.114/2002 of RENT CONTROL COURT, KOZHIKODE-I ....................

REVISION PETITIONER/APPELLANT/RESPONDENT.

------------------------------------------------------------- KELATTU DIVAKARAN, AGED 70 YEARS, S/O.RARICHAN, PANNIYANKARA AMSOM DESOM, MEENCHANDA, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.K.P.BALASUBRAMANYAN SRI.NIRMAL. S RESPONDENT(S): /RESPONDENTS/PETITIONERS.

---------------------------

1. NADUVILAKATH ABOOBACKER, AGED 40 YEARS, S/O.KATTIL VEETTIL ALIKOYA, NAGARAM AMSOM DESOM, KOZHIKODE TALUK.

2. NADUVILAKATH SHAMEEMA, AGED 42 YEARS, D/O.KATTIL VEETTIL ALIKOYA NAGARAM AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT.

ADV. SRI.C.P.MOHAMMED NIAS FOR R1 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER IN I.A. 3489/2005 IN RCR 595/2005 DISMISSED 6/11/2009 SD/- PIUS C.KURIAKOSE, JUDGE.

SD/- C.K.ABDUL REHIM, JUDGE.

PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.

------------------------ R.C.R.No. 595 OF 2005 ------------------------ Dated this the 6 th day of January, 2010

O R D E R

Pius C.Kuriakose, J.

It is submitted by Sri.K.P.Balasubramanyan, learned counsel for the revision petitioner/tenant that the landlords and the tenant have come to an agreement that the petition schedule building will be sold to the tenant and that the tenant has already paid an advance towards sale consideration.

2. The above submission is not disputed by the learned counsel for the respondent. We accordingly close the RCR without examining the merits of the various grounds raised. It is needless to mention that if the agreement does not come through, it will be open to the revision petitioner to make necessary application before this court so as to enable us to decide the RCR on merits. The order of stay presently issued will continue until further orders.

PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk