Partly allowed

Syed Muhammedkunju, v. Susamma Jacob

Kerala HC1 Feb 2019OP (RC)/17/2019

Case brief

AI extract

What is this about?

Petitioners, landlords seeking vacant possession via eviction orders, filed appeals regarding delays. The High Court directed the Rent Control Appellate Authority at Mavelikara to dispose of specific pending appeals within three months due to urgent need and long inaction. No substantive content argues law.

What did the court decide?

Directed the Rent Control Appellate Authority to dispose of the pending appeals within three months.

Syed Muhammedkunju, Vs Susamma Jacob — Property and Title | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶3

THE HONOURABLE MR.JUSTICE K.HARILAL

¶4

¶5

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

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FRIDAY ,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940

¶7

OP (RC).No. 15 of 2019

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AGAINST THE ORDER/JUDGMENT IN RCA 9/2017 of ADDITIONAL DISTRICT COURT-I,MAVELIKKARA

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PETITIONER/S:

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SYED MUHAMMEDKUNJU, AGED 67 YEARS FIELD VIEW, PERUNNA THEKKUM MURI, CHANGANASSERY VILLAGE, KOTTAYAM-686 101.

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BY ADV. SRI.PRAMOD J.DEV

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RESPONDENT/S:

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P.S. GOPALAKRISHNANACHARI, S/O. SADANANDANACHARI. P.S. OLAMOOTTIL HOUSE, PARUMALA MURI, TIRUVALLA, PATHANAMTHITTA - 689 626

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON

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01.02.2019, ALONG WITH OP (RC).16/2019, OP (RC).17/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(RC).No.15/2019 &CONN.CASES 2

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶18

PRESENT

¶19

THE HONOURABLE MR.JUSTICE K.HARILAL

¶20

¶21

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

¶22

FRIDAY ,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940

¶23

OP (RC).No. 16 of 2019

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AGAINST THE ORDER/JUDGMENT IN RCA 7/2017 of ADDITIONAL DISTRICT COURT-I,MAVELIKKARA

¶25

PETITIONER/S:

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SYED MUHAMMEDKUNJU, AGED 67 YEARS FIELD VIEW, PERUNNA THEKKUM MURI, CHANGANASSERY VILLAGE, KOTTAYAM 686 101.

¶27

BY ADV. SRI.PRAMOD J.DEV

¶28

RESPONDENT/S:

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1 ANIL P VARGHESE PATHIYIL FLAT 9, CHUNGAM MURI, KOTTAYAM DISTRICT 686 001.

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2 NAJI, S/O. SYED MUHAMMED KUNJU, FIELD VIEW, PERUNNA THEKKUM MURI, CHANGANASSERY VILLAGE, KOTTAYM 686 101.

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3 KUNJAMMA THOMAS (DIED ON 20.6.2016), W/O. THOMS PALLATHAN, PALLATHAN VEETTIL, SYRIAN CHURCH ROAD, NEAR KERALA HIGH COURT, ERNAKULAM 682 031.

¶32

4 SIROSH.P. THOMAS, S/O. KUNJAMMA THOMAS, PALLATHAN VEETTIL, SYRIAN CHURCH ROAD, NEAR KERALA HIGH COURT, ERNAKULAM 682 031.

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OP(RC).No.15/2019 &CONN.CASES 3

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5 SHEEBA ABEY, D/O. KUNJAMMA THOMAS, PALLATHAN VEETTIL, SYRIAN CHURCH ROAD, NEAR KERALA HIGH COURT, ERNAKULAM 682 031.

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6 SIJO P. THOMAS, S/O. KUNJAMMA THOMAS, PALLATHAN VEETTIL, SYRIAN CHURCH ROAD, NEAR KERALA HIGH COURT, ERNAKULAM 682 031.

¶36

THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 01.02.2019, ALONG WITH OP (RC).17/2019, OP (RC).15/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶37

OP(RC).No.15/2019 &CONN.CASES 4

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶39

PRESENT

¶40

THE HONOURABLE MR.JUSTICE K.HARILAL

¶41

¶42

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

¶43

FRIDAY ,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940

¶44

OP (RC).No. 17 of 2019

¶45

AGAINST THE ORDER/JUDGMENT IN RCA 6/2017 of ADDITIONAL DISTRICT COURT-I,MAVELIKKARA

¶46

PETITIONER/S:

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SYED MUHAMMEDKUNJU,AGED 67 YEARS FIELD VIEW, PERUNNA THEKKUM MURI, CHANGANASSERY VILLAGE, KOTTAYAM- 686 101

¶48

BY ADV. SRI.PRAMOD J.DEV

¶49

RESPONDENT/S:

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1 SUSAMMA JACOB, W/O.THOMAS ZACHARIA, NEAR CARGO CABLE FACTORY, PUNNAKUNNAM, THIRUVALLA, PATHANAMTHITTA-688 504.

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2 ANIL P VARGHESE PATHIYIL FLAT 9, CHUNGAM MURI, KOTTAYAM DISTRICT, PIN-686 001

¶52

THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 01.02.2019, ALONG WITH OP (RC).16/2019, OP (RC).15/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(RC).No.15/2019 &CONN.CASES 5

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JUDGMENT

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K. HARILAL. J.,

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The petitioner in all the aforesaid original petitions is the landlord, who obtained an order of eviction against the respondents in all the Rent Control Petitions. But the respondents have filed Rent Control Appeals as Appeal Nos.9/2017, 7/2017 and 6/2017 before the Rent Control Appellate Authority and those appeals are pending for consideration and disposal despite long lapse of time. The petitioner is in urgent need of the said shop rooms after re-construction. According to the petitioner, unless a specific direction is given to the Appellate Authority to dispose of the case within a specified time, the petitioner will be put to great hardship.

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Heard the learned counsel for the petitioner.

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Having regard o the urgency of the need and long lapse of time after institution of the appeal, the Rent Control Appellate Authority, Mavelikara is hereby

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OP(RC).No.15/2019 &CONN.CASES 6

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directed to consider and dispose of the said appeals within a period of three months from today.

Sd/-

K.HARILAL

JUDGE

Sd/-

ANNIE JOHN

JUDGE

ajt

OP(RC).No.15/2019 &CONN.CASES 7

¶69

APPENDIX OF OP (RC) 15/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTICE IN RCA NO.9 OF 2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA RECEIVED BY THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF THE CASE DETAILS IN RA NO.9/17 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA.

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EXHIBIT P3 TRUE COPY OF THE DAILY STATUS IN RAC NO.9/17 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA.

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EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 22.6.2016 OF THIS HON'BLE COURT IN O.P(RC) 83 OF 2016.

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OP(RC).No.15/2019 &CONN.CASES 8

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APPENDIX OF OP (RC) 16/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTICE IN RCA NO. 7 OF 2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKAKRA RECEIVED BY THE PETITIONER

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EXHIBIT P2 TRUE COPY OF THE PETITION TO CONDONE THE DELAY IN RCA NO. 7 OF 2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA.

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EXHIBIT P3 TRUE COPY OF THE CASE DETAILS IN RCA NO. 7/17 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA.

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EXHIBIT P4 TRUE COPY OF THE DAILY STATUS IN RCA NO. 7/17 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA.

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EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 22.06.2016 OF THIS HONBLE COURT IN OP RC 82 OF 2016.

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OP(RC).No.15/2019 &CONN.CASES 9

¶84

APPENDIX OF OP (RC) 17/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF NOTICE OF RCA NO.6/2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA RECEIVED BY THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF PETITION TO CONDONE THE DELAY IN RCA NO.6/2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA. EXHIBIT P3 TRUE COPY OF THE DETAILS IN RCA NO.6/2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA EXHIBIT P4 TRUE COPY OF THE DAILY STATUS IN RCA NO.6/2017 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, MAVELIKKARA EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 22/6/2016 OF THIS HONOURABLE COURT IN OP(RC) 84/2016.

Syed Muhammedkunju, v. Susamma Jacob

Case brief

What is this about?

What did the court decide?

Syed Muhammedkunju, v. Susamma Jacob

Case brief

What is this about?

What did the court decide?

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