Partly allowed

Pradeep Menon v. Rajesh

Kerala HC8 Aug 2018OP (RC)/111/2018

Case brief

AI extract

What is this about?

In OP (RC) No. 111 of 2018, the High Court of Kerala held that where a tenant disputes the landlord-tenant relationship, the Rent Control Court must first determine this relationship before considering a petition under Section 12 of the Act for arrears.

What did the court decide?

Directed the Rent Control Court to determine the landlord-tenant relationship at first and thereafter consider and dispose of Extension Petition No. 2.

Pradeep Menon Vs Rajesh — Landlord and Tenant | Kerala HC (2018)

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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.HARILAL & THE HONOURABLE MRS. JUSTICE ANNIE JOHN

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WEDNESDAY, THE 8TH DAY OF AUGUST 2018 / 17TH SRAVANA, 1940

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OP (RC).No. 111 of 2018

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AGAINST THE ORDER IN RCP 145/2016 of PRL.MUNSIFF COURT,THRISSUR

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PETITIONER :

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PRADEEP MENON, AGED 52 YEARS, S/O RAMANKUTTY MENON, CHANGARANGATH HOUSE, CHETTUPUZHA DESOM, PULLAZHY VILLAGE, THRISSUR TALUK – 680 621.

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BY ADVS.SRI.C.HARIKUMAR SRI.P.S.SIDHARTHAN SRI.RENJITH RAJAPPAN

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RESPONDENTS :

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RAJESH, AGED 48 YEARS, S/O BALAN NAIR, ALUKKAL HOUSE, AYODHYA NAGAR, MULAGUNNATHUKAVU VILLAGE, THRISSUR – 680 581.

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 08-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

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RKM

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OP (RC).No. 111 of 2018 (O)

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-2-

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXHIBIT P1 THE COPY OF THE RENT CONTROL PETITION FILED BY THE RESPONDENT IN R.C.P NO.145 OF 2016 ON THE FILE OF THE HON'BLE RENT CONTROL COURT, THRISSUR DATED 18.10.2010. EXHIBIT P2 THE COPY OF THE PETITION FILED BY THE RESPONDENT IN I.A NO.18155 OF 2017 IN R.C.P NO.145 OF 2016 ON THE FILE OF THE HON'BLE RENT CONTROL COURT, THRISSUR DATED 18.11.2017. EXHIBIT P3 THE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN I.A NO.18155 OF 2017 IN R.C.P NO.145 OF 2016 ON THE FILE OF THE HON'BLE RENT CONTROL COURT, THRISSUR DATED 24.1.2018. EXHIBIT P4 THE COPY OF THE PROCEEDINGS IN R.C.P NO.145 OF 2016 ON THE FILE OF THE HON'BLE RENT CONTROL COURT, THRISSUR DATED 04.07.2018. EXHIBIT P5 THE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT IN O.S NO.1077 OF 2015 ON THE FILE OF THE MUNSIFF COURT, THRISSUR DATED 1.7.2015.

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RESPONDENT'S EXHIBITS : NIL

TRUE COPY

PA TO JUDGE

RKM

K. HARILAL & ANNIE JOHN, JJ.

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O.P.(R.C).No.111 of 2018

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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Dated this the 8^th day of August, 2018

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JUDGMENT

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K.Harilal, J.

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The petitioner is the respondent in Ext.P1

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RCP.No.145/2016 on the files of the Rent Control Court, Thrissur and the said RCP was filed by the respondent herein against the petitioner seeking an order of eviction under Section 11(2)(d), 11(3) and 11(4) of the Kerala Buildings (Lease & Rent Control), Act, 1965 (Hereinafter referred to as, 'the Act'). The petitioner herein filed a counter statement in the Rent Control Petition denying the landlord-tenant relationship. But, along the RCP, the respondent filed Ext.P2 petition under Section 12 of the Act, seeking a direction to the petitioner herein to deposit the admitted arrears of rent. The petitioner filed an objection to the said petition also contending that there is no landlord-tenant relationship between the respondent and the petitioner and therefore, there is no need to deposit any amount as rent. The grievance of the petitioner is that without considering the landlord-tenant relationship between the respondent and the petitioner, the Rent Control Court passed Ext.P4 order directing

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O.P.(R.C).No.111 of 2018

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the petitioner to file a statement of admitted arrears of rent. The petitioner apprehends that if Ext.P2 petition is considered and disposed of before the determination of landlord-tenant relationship, the petitioner will be put to irreparable injury and great hardship.

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Heard the learned counsel for the petitioner.

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Where the landlord-tenant relationship is disputed, it is incumbent upon the Rent Control Court to determine at first whether there is landlord-tenant relationship between the respondent and petitioner. The petition under Section 12 of the Act can be considered only after determining the existence of landlord-tenant relationship. Therefore, the Rent Control Court is directed to determine the landlord-tenant relationship at first and thereafter consider and dispose of Ext.P2 & statements to be filed thereunder.

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The Original Petition is disposed of accordingly.

Sd/-

K.HARILAL JUDGE

Sd/-

ANNIE JOHN JUDGE

True Copy

PA to Judge

RKM

Pradeep Menon v. Rajesh

Case brief

What is this about?

What did the court decide?

Pradeep Menon v. Rajesh

Case brief

What is this about?

What did the court decide?

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