The High Court fixed an interim rent of Rs. 500 per month payable from February 2013 while the question of Wakf status of the property remains pending before the Wakf Tribunal, allowing review in good faith.
Directed the tenant to pay rent at Rs. 500 per month from February 2013 onwards; other revision petitions disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
TUESDAY, THE 9TH DAY OF APRIL 2013/19TH CHAITHRA 1935
RCRev..No. 373 of 2012 ()
JUDGMENT IN RCA.124/2010 of RENT CONTROL APPELLATE AUTHORITY/ADDL. DISTRICT JUDGE, KOZHIKODE-III DATED 29.09.2012
ORDER IN RCP.54/2005 of RENT CONTROL COURT/PRL. MUNSIFF-1, KOZHIKODE DATED 31.07.2010
REVISION PETITIONER/1ST RESPONDENT IN RCA/ PETITIONER IN RCP:
P.V.KUNHEEBI, W/O LATE C.P KUNHAMMED, TRUSTEE OF BRARAMi VALIYAKAM TARAWAD, RESIDING AT BARAMI VALIYAKAM (H), THANGAL'S ROAD, CALICUT-1, REPRESENTED BY HER POWER OF ATTORNEY AND SON P.V.ABDUL KHADER, S/O C.P. KUNHAMMED, MALABAR (H), KATCHERI AMSOM DESOM, KOZHIKODE
BY ADV. SRI.A.V.M.SALAHUDDEEN
RESPONDENT/APPELLANT IN RCA/ RESPONDENT IN RCP:
NADUKANDI MUHAMMED ABDURAHIMAN, S/O K.I MAMMED KOYA, 12/226, HALWA BAZAR, NAGARAM AMSOM DESOM, KOZHIKODE TALUK.
BY ADV. SRI.K.SANEESH KUMAR ADV. SMT.V.B.SANTHINI
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 09-04-2013 ALONG WITH RCR NO.374 OF 2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
srd
T.R.RAMACHANDRAN NAIR & A.V. RAMAKRISHNA PILLAI, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - -
R.C.R.Nos.373/2012, 374/2012, 31/2013 & 32/2013
- - - - - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 9th DAY OF APRIL, 2013
O R D E R
Ramachandran Nair, J.
All these revision petitions arise from two Rent Control Petitions, viz. R.C.P.Nos.54/2005 and 55/2005 on the file of the Rent Control Court/Principal Munsiff-I, Kozhkode. R.C.R.Nos.31/2013 and 32/2013 have been filed by the tenants, aggrieved by the order fixing the quantum of rent, whereas R.C.R.Nos.373/2012 and 374/2012 have been filed by the landlord aggrieved by the finding that the property is one wherein the Wakf Tribunal will have jurisdiction.
appearing for the common petitioner in R.C.R.Nos.373/2012 and 374/2012 that the question whether the property is a Wakf property or the trust property, is now pending before the Wakf Tribunal in O.S. No.9/2009 and there is no final decision so far. Our attention is invited to the order passed by a Division Bench of this Court in R.C.R.No.61/2012. Learned counsel
RCR No.373/2012, etc.
-2-
Shri Sanesh Kumar submitted that the property is Wakf and is exempted from the purview of the Rent Control Act.
Therefore, we adopt the method indicated in the judgment in R.C.R.No.61/2012 and direct the tenant to pay rent at the rate of Rs.500/-
RCR No.373/2012, etc.
-3-
from February, 2013 onwards and the same will continue to be paid.
Accordingly, we close the revision petitions with liberty to both sides to file applications for review, if required, including on the question of non compliance of the present order by the tenants. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE)
(A.V. RAMAKRISHNA PILLAI, JUDGE)
kav/
3 issues framed by the court
Whether rent should be fixed as an interim order while the question of Wakf status of the property remains pending before the Wakf Tribunal.
What interim rent rate should be prescribed payable starting from February 2013 until further orders.
Whether liberty should be given to the parties to file review applications on compliance of the interim order.
Colour shows how this judgement treated each authority
R.C.R. No. 61/2012Referred¶29
1 provisions across 1 enactments
P.V. Kunheebi
Nadukandi Muhammed Abdurahaman
T.R. Ramachandran Nair
A.V. Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
