The Kerala High Court dismissed a review petition challenging an order that set aside a plaintiff monastery's exemption from rent control laws, finding no error apparent on the face of the record and noting the petitioner's dilatory tactics.
Review Petition dismissed; no costs awarded.
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 ASHOK MENON
FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940
RP.No. 78 of 2018 IN OPC. 1079/2017
AGAINST THE ORDER/JUDGMENT IN OP(C) 1079/2017 of HIGH COURT OF KERALA DATED 15-12-2017
REVIEW PETITIONER(S)/RESPONDENT:
SABUR ALIKHAN, AGED 47 YEARS, BUSINESS, SON OF ABDUL KADER, MUNDACKAL HOUSE, KARIKKODE, THODUPUZHA EAST P.O.
BY ADVS.SRI.BASIL MATHEW SRI.NINAN JOHN
RESPONDENT(S)/PETITIONER :
JYOTHI NIVAS A MONASTERY OF THE C. M. I. CONGREGATION OF THE CATHOLIC CHURCH SITUATED AT JYOTHI SUPER BAZAR, THODUPUZHA KARA AND VILLAGE REPRESENTED BY ITS SUPERIOR FR. JOSEPH KULAKKATTU.
R BY SRI.MATHEW JOHN (K)
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 16-03-2018, AND THE COURT ON 23-03-2018 PASSED THE FOLLOWING:
RP.No. 78 of 2018
APPENDIX
REVIEW PETITIONER(S)' ANNEXURES:
ANNEXURE 1 TRUE COPY OF THE NOTICE SERVED ON THE PETITIONER. ANNEXURE 2 TRUE COPY OF THE LEADE DEED NO.1918/2010 OF SRO THODUPUZHA. ANNEXURE 3 TRUE COPY OF SETTLEMENT DEED NO.1933/1985 OF SRO THODUPUZHA
RESPONDENT(S)' ANNEXURES:
NIL
/TRUE COPY/
PA TO JUDGE
dkr
ASHOK MENON, J.
Review Petition No. 78 of 2018
------------------------------------------Dated this the 23rd day of March, 2018
O R D E R
The respondent in O.P.(C) No.1079/2017 is the review petitioner. The petition was filed challenging Ext.P6 order in I.A.No.474/2017 in O.S.No.226/2012 on the file of the Munsiff's Court, Thodupuzha and this Court by judgment dated 15-12-2017 allowed the petition and the impugned order was set aside.
R.P.78/2018
2
this Court was labouring under a mistaken impression that the review petitioner had admitted that the respondent is a monastery entitled to get exemption and therefore the order may be reviewed.
the plaint and the written statement. In para 10 of the plaint there is an unequivocal averment that the plaintiff is a monastery entitled for exemption under the Act. There is no specific denial in the written statement regarding the averment made in para 10. The plaintiff has also been described as a monastery represented by the Father Superior. That apart, the specific averment in paras 3 to 7 in the plaint are admitted in the written statement. All these would indicate that the review petitioner present stand, is at variance with his earlier stand. The contention regarding the maintainability of the suit has to be taken by the defendant at the earliest opportunity afforded. There is no averment in the review petition or in the amended petition that the petitioner came to know about the status of the plaintiff subsequent to the filing of the written statement. It is was observed by me that the review petitioner has been constantly resorting to dilatory tactics to protract the litigation.
R.P.78/2018
3
There is a specific direction to dispose the matter time bound. Hence, I do not find any error apparent on the face of the record to justify a review of the order. Hence the Review Petition stands dismissed. No costs.
Sd/-
ASHOK MENON Judge
dkr
3 issues framed by the court
Whether there is any error apparent on the face of the record to justify a review of an order which dismissed a petition claiming a monastery exemption from rent control laws.
Whether the plea that the plaintiff is not a monastery can be taken for the first time in a review petition.
Whether the review petitioner's current stand regarding the plaintiff's status is consistent with his earlier admission and litigation conduct.
Sabur Alikhan
Jyoti Nivas A Monastery
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
