JISHA C. K. Vs. K. S. ANTONY

JUDGEMENT

(1.) The petitioner is the judgment debtor/tenant in EP No.145 of 2021 in RCP No.1/2018 on the files of the Rent Control Court, North Paravur. The respondent is the decree holder/landlord. The above OP(RC) is filed by the petitioner under Article 227 of the Constitution of India, seeking for a direction to set aside Ext.P3 order dtd. 29/1/2021 passed by the Rent Control Court, North Paravur.

(2.) The landlord filed RCP No.1 of 2018 before the Rent Control Court, Paravur, for eviction of the tenant under Sec. 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short, "the Act"). The bona fide need projected was for conducting a business of soda sarbath, books and stationery. Thereafter, the parties entered into compromise and the matter was settled in mediation. The tenant agreed to surrender vacant possession of the building after 11 months from 7/1/2020 and on surrender, the landlord agreed to pay the advance amount of Rs.15,000.00. On the basis of the settlement arrived at, Ext.P3 compromise order was passed by the Rent Control Court.

(3.) Later, the petitioner/tenant, on coming to know that the landlord is going to rent out the premises on a higher rent to another person to conduct a travel agency, offered to renew the rent agreement and to pay higher rent and in turn, the landlord agreed to withdraw the execution petition. However, the landlord turned round from his willingness to renew the rent agreement with the petitioner/tenant and it has come to the knowledge of the petitioner/tenant that the landlord is going to rent out the premises to another travel agency. Hence, the petitioner/tenant has come up with this petition to set aside Ext.P3 mediation settlement order stating that the landlord is acting against the settlement arrived at with the petitioner/tenant.