Disposed

Kadungon Moideenkutty v. Panakavil Bharathan

Kerala HC11 Nov 2013OP (RC)/3779/2013

Case brief

AI extract

What is this about?

In a rent control petition challenging an interim order rejecting a stay application, the High Court directed the lower court to expedite disposal of a separate application raising denial of title and disposed of the current petition without commenting on the merits of the impugned order.

What did the court decide?

Directed the Rent Control Court to dispose of I.A. No.4637/2013 within three months after hearing both sides; the court below to dispose of the matter untrammelled by the order under challenge.

Kadungon Moideenkutty Vs Panakavil Bharathan — Landlord and Tenant | Kerala HC (2013)

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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 T.R.RAMACHANDRAN NAIR

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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MONDAY, THE 11TH DAY OF NOVEMBER 2013/20TH KARTHIKA, 1935

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OP (RC).No. 3779 of 2013 (O)

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(AGAINST ORDER OF THE RENT CONTROL COURT, KANNUR IN IA.540/2013 IN RCP.297/2012)

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PETITIONERS:

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KADUNGON MOIDEENKUTTY, AGED 67 YEARS, S/O.UMMER, NATIONAL RADIO ELECTRONICS, THANA, KANNUR - 12.

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PALLAKKAN SHAJI, S/O.MOIDEENKUTTY, AGED 29 YEARS NATIONAL RADIO ELECTRONICS, THANA, KANNUR - 12.

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BY ADV. SRI.C.P.MOHAMMED NIAS

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RESPONDENT:

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PANAKAVIL BHARATHAN, AGED 72 YEARS S/O.KELU, RESIDING AT PANAKAVIL HOUSE, P.O.THANA, KANNUR - 12.

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R. BY ADV. SRI.V.PREMCHAND

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 11-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (RC).No. 3779 of 2013 (O)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1: TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENTS/TENANTS IN R.C.P.297/2012 ON THE FILE OF THE RENT CONTROLLER (PRINCIPAL MUNSIFF COURT), KANNUR.

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EXT.P2: TRUE COPY OF I.A NO.827/2012 IN RCP NO.827/2013 IN R.C.P NO.297/2012 FILED BY THE PETITIONER/LANDLORD.

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EXT.P3:TRUE COPY OF I.A NO.828/2013 IN RCP NO.827/2013 IN R.C.P NO.297/2012 FILED BY THE PETITIONER/LANDLORD.

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EXT.P4:TRUE COPY OF THE AMENDED EVICTION PETITION FILED BY THE PETITIONERS/LANDLORDS IN RCP NO.297/2012.

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EXT.P5: TRUE COPY OF REGISTERED GIFT DEED NO.2011/2012 AT KANNUR SRO ON 28/05/2012.

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EXT.P6: TRUE COPY OF THE PLAINT FILED BY THE PETITIONERS/LANDLORDS IN OS NO.8/2013 BEFORE THE SUB-COURT, KANNUR.

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EXT.P7: TRUE COPY OF THE ADDITIONAL COUNTER STATEMENT FILED BY THE RESPONDENTS/TENANTS IN R.C.P 297/2012.

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EXT.P8: TRUE COPY OF I.A NO.540/2013 IN R.C.P NO.297/2012 FILED BY THE RESPONDENTS/TENANTS.

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EXT.P9:TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONERS/LANDLORDS IN I.A NO.540/2013 IN R.C.P NO.297/2012.

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EXT.P10: TRUE COPY OF THE ORDER DATED 12/8/2013 OF THE RENT CONTROLLER (PRINCIPAL MUNSIFF COURT), KANNUR IN I.A NO.540/2013 IN RCP NO.297/2012.

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EXT.P11: TRUE COPY OF THE INTERIM ORDER DATED 22/5/2012 IN I.A NO.173/2012 OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM.

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EXT.P12: TRUE COPY OF THE ACCOUNT STATEMENT RELATING TO THE GARNISHEE ACCOUNT NO.CA-176463 WITHT THE CITY UNION BANK, KANNUR BRANCH.

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EXT.P13: TRUE COPY OF THE ORDER DATED 14/8/2013 OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM IN I.A NO.1803/2013 IN O.A NO.28/2012.

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EXT.P14 COPY OF THE ADDITIONAL COUNTER STATEMENT DT 4.11.13 IN RCP.297/12 OF RENT CONTROL COURT, KANNUR.

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EXT.P15 COPY OF THE AFFIDAVIT AND PETITION SEEKING TO RAISE ISSUES RELATING TO DENIAL OF TITLE AND MAINTAINABILITY OF THE EVICTION PETITION FILED BY THE PETITIONERS IN RCP.297/12 OF RENT CONTROL COURT, KANNUR.

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RESPONDENT'S EXHIBITS: NIL

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T.R.RAMACHANDRAN NAIR &

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B.KEMAL PASHA, JJ.

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O.P.(RC) No.3779 of 2013 A

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Dated this the 11^th day of November, 2013

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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Ramachandran Nair, J.

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Petitioners are the respondents in an eviction petition filed by the respondent under Sections 11(3) and 11 (4)(ii) of the Buildings (Lease and Rent Control) Act, 1965.

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The matter is pending as R.C.P. No. 297/2012 before the Rent Control Court, Kannur. The order under challenge is Ext.P10 by which an application filed by the petitioner seeking stay of the proceedings under Section 151 CPC was rejected.

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We heard the learned counsel for the petitioners

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and the learned counsel for the respondent. The learned Munsiff/Rent Controller rejected the same by taking the view

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OPRC.3779/2013

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: 2 :

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that the petition is devoid of merit and the same is filed with a view to protract the proceeding. It is argued by the learned counsel for the petitioners that another civil suit is pending as O.S. No.8/2013 in the Sub Court, Kannur and in the light of the said development, the petitioners have got a contention that the landlord has no title. It is submitted that the tenant is, therefore, entitled to raise a contention regarding the maintainability of the R.C.P.

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Learned counsel for the respondent submitted that the said plea is not correct.

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We are not going into the merits of the contentions since it is now pointed out that the petitioners have filed I.A. No.4637/2013 raising the very same issue regarding denial of title before the Rent Control Court. The learned counsel for the petitioners, therefore, seeks appropriate direction for disposal of the said I.A., a copy of which is produced as Ext.P15. It is submitted by the learned counsel for the respondent that the said I.A. is posted for

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OPRC.3779/2013

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: 3 :

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filing counter affidavit. Therefore, we direct the Rent Control Court, Kannur to dispose of I.A. No.4637/2013 as expeditiously as possible, at any rate, within three months, after hearing both sides. The court below will dispose of the matter untrammelled by the observations and findings entered in Ext.P10. It is made clear that we have not expressed anything on the merits of the findings in Ext.P10. OP(RC) is disposed of as above.

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Sd/- (T.R.RAMACHANDRAN NAIR, JUDGE)

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/11/11

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// True Copy //

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PA to Judge

Kadungon Moideenkutty v. Panakavil Bharathan

Case brief

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Kadungon Moideenkutty v. Panakavil Bharathan

Case brief

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