Dismissed

M/S.Damodara Pai v. Kadavumbhagom Synagogue

Kerala HC29 Nov 2012OP (RC)/4045/2012

Case brief

AI extract

What is this about?

This order considered an objection filed by a tenant challenging the amendment of the cause title in a Rent Control Petition. The High Court held that the Rent Control Court acted within its powers under Section 23(1)(j) of the Kerala Building (Lease and Rent Control) Act to correct the procedural mistake and dismissed the objection.

What did the court decide?

The objection was dismissed without costs.

M/S.Damodara Pai Vs Kadavumbhagom Synagogue — Landlord and Tenant | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.T.SANKARAN

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& THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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THURSDAY, THE 29TH DAY OF NOVEMBER 2012/8TH AGRAHAYANA 1934

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OP (RC).No. 4045 of 2012 (O)

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IA.NO.4633/2012 IN RCP.72/2012 of III ADDL.M.C.EKM (RENT CONTROL)

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PETITIONER:

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M/S.DAMODARA PAI, AGED 77 YEARS AND SONS, DOOR NO.40/3509, JEWS STREET ERNAKULAM, REPRESENTED BY THE MANAGING PARTNER.

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BY ADV. SRI.K.P.SREEKUMAR

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RESPONDENT:

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KADAVUMBHAGOM SYNAGOGUE MARKET ROAD, ERNAKULAM,COCHIN 35 REPRESENTED BY ITS COMMITTEE MEMBERS.1. ELIAS JOSEPHAI S/O. LATE JOPSEPHAI, AGED 55 YEARS 2. SIMON JOSEPHAI, S/O. LATE JOSEPHAI AGE 48 YEARS.

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 29-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(R.C.) 4045/12

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APPENDIX

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PETITIONER(S) EXHIBITS :

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EXT.P1TRUE COPY OF THE MEMORANDUM OF COMPROMISE DATED 1.12.2010. EXT.P2TRUE COPY OF THE ORDER DATED 6.12.2010 IN I.A.NO.6019 OF 2008.

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EXT.P3TRUE COPY OF THE LAWYER NOTICE DATED 28.1.2012.

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EXT.P4TRUE COPY OF THE REPLY NOTICE DATED 11.2.2002 SENT BY THE PETITIONER THROUGH THEIR COUNSEL.

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EXT.P5TRUE COPY OF THE RENT CONTROL PETITION IN R.C.P. NO.72 OF 2012.

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EXT.P6TRUE COPY OF THE I.A.3743/2012 IN R.C.P. NO.72 OF 2012.

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EXT.P7TRUE COPY OF COUNTER IN I.A.3743/2012 FILED BY THE RESPONDENT.

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EXT.P8TRUE COPY OF THE ORDER DATED 12/11/2012 IN I.A.NO.3743/2012.

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EXT.P9TRUE COPY OF THE APPLICATION I.A.4633 OF 2012 IN R.C.PNO.72 OF 2012.

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EXT.P10 TRUE COPY OF THE ORDER DATED 12.11.2012 IN EXT.P9 APPLICATION I.A.4633/12

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RESPONDENTS' EXHIBITS : NIL

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//TRUE COPY//

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K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(R.C.) No.4045 of 2012 O

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Dated this the 29^th day of November, 2012

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JUDGMENT

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K.T. Sankaran J.,

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The petitioner is the respondent in R.C.P. No.72 of 2012 on the file of the Rent Control Court, Ernakulam. The R.C.P. was filed by Kadavumbhagam Synagogue, Market Road, Ernakulam, Kochi – 35 represented by its Managing Trustees Elias Josephai and Simon Josephai. Elias Josephai was the receiver of the Synagogue as appointed by the Court in O.S. No.65 of 1114 ME. An application was filed before the District Court, Ernakulam by a person representing the Synagogue to discharge the receiver. A mediation took place. As per the mediation agreement, the applicant therein (Abraham Sanson Josephai), Elias Josephai and their brother Simon Josephai constituted a committee for the

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O.P.(R.C.) No.4045 of 2012

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administration of the Synagogue and its properties.

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R.C.P. was filed by the Synagogue, represented by two of

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the committee members who described themselves as the Managing

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Trustees. The tenant filed an application stating that the petitioner in the R.C.P. is not entitled to receive rent and the tenant may be permitted to deposit the rent before the Court. By a detailed order, the Rent Control Court allowed that application and the tenant was permitted to deposit the rent before Court.

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The petitioners in the R.C.P. filed I.A. No.4633 of 2012 to amend the R.C.P. by substituting the words 'committee members' in the place of 'managing trustees'. The Rent Control Court allowed the application for amendment by the order dated 12.11.2012 which is under challenge by the tenant in this O.P.(R.C.).

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The Rent Control Court held that the expression “managing trustees” were made in the cause title of the R.C.P. by mistake and the petitioner in the R.C.P. should be permitted to correct the mistake. As regards the contention raised by the tenant that the persons who filed R.C.P. are not entitled to represent or

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O.P.(R.C.) No.4045 of 2012

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manage the affairs of the Synagogue and that they are not entitled to receive the rent on behalf of the Synagogue, it was held that these contentions could be raised by the tenant in the main proceeding. It

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was held that such an objection is not a ground for dismissing the application for amendment.

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There is no error or illegality in the order passed by the

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Rent Control Court. In view of Section 23(1)(j) of the Kerala Building (Lease and Rent Control) Act, the Rent Control Court has the power which is vested in a Court under the Code of Civil Procedure to amend any defect or error in orders or proceedings. We do not find any ground to interfere with the order passed by the Rent Control Court. Accordingly the O.P.(R.C.) is dismissed.

K.T. SANKARAN,

(JUDGE)

M. L. JOSEPH FRANCIS, (JUDGE)

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dl/

M/S.Damodara Pai v. Kadavumbhagom Synagogue

Case brief

What is this about?

What did the court decide?

M/S.Damodara Pai v. Kadavumbhagom Synagogue

Case brief

What is this about?

What did the court decide?

What the court decided

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