Allowed

Frederic George v. Ahammed Jasim

Kerala HC4 Feb 2019OP (RC)/18/2019

Case brief

AI extract

What is this about?

The Court held that Section 10 of the Code of Civil Procedure is not applicable to Rent Control proceedings, which are governed by Section 23 of the Kerala Building (Lease and Rent Control) Act. Consequently, the Rent Control Court did not commit any illegality or impropriety in dismissing such an application.

What did the court decide?

The dismissal of the application under Section 10 CPC by the Rent Control Court is upheld as having no illegality or impropriety.

Frederic George Vs Ahammed Jasim — Civil Procedure and Limitation | Kerala HC (2019)

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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

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THE HONOURABLE MRS. JUSTICE ANNIE JOHN

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MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

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OP (RC).No. 18 of 2019

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AGAINST THE ORDER/JUDGMENT IN RCP 1/2018

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MUNSIFF COURT, OTTAPPALAM

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PETITIONER/S:

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FREDERIC GEORGE, AGED 54 YEARS, S/O.ALFRED, PROPRIETOR, EDNA COMMUNICATION, ROOM NO.23/326, OTTAPALAM MUNICIPALITY, T.B.ROAD, OTTAPALAM.

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BY ADV. SRI.K.RAVI (PARIYARATH)

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RESPONDENT/S:

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AHAMMED JASIM, AGED 34 YEARS S/O.MUHAMMED IBRAHIM, CHULLYPARAMBIL, REISIDNG AT KANJIRAKADAVIL, PALAPPURAM, AMSOM, DESOM, OTTAPALAM TALUK-679 101.

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

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04.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

OP (RC).No.18/2019 2

JUDGMENT

K.HARILAL., J,

The dismissal of an application under Section 10 of the Code of Civil Procedure, filed before the Rent Control Court is challenged in this O.P (R.C).

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It is needless to say the Civil Procedure Code, as a whole is not applicable to the Rent Control Petitions. The Rent Control Petitions are governed by Section 23 of the Kerala Building (Lease and Rent Control) Act. As per Section 23 of the Kerala Building (Lease and Rent Control) Act, section 10 of the Civil Procedure Code is not made applicable, to the Rent Control proceedings.

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In the above view, there is no illegality or impropriety in the findings, whereby the Rent

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OP (RC).No.18/2019 3

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Control Court has dismissed the application filed under Section 10 of the Code of Civil Procedure.

Sd/-

K.HARILAL

JUDGE

Sd/-

ANNIE JOHN

JUDGE

ajt

OP (RC).No.18/2019 4

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF ORIGINAL PETITION PRESENTED BY THE RESPONDENT, AS R.C.P.NO.1/2018, ON THE FILE OF THE RENT CONTROL COURT (MUNSIFF), OTTAPALAM, DATED 31.3.18.

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EXHIBIT P2 TRUE COPY OF COUNTER STATEMENT FILED BY THE PETITIONER IN R.C.P.NO.1/2018, ON THE FILE OF THE RENT CONTROL COURT (MUNSIFF) OTTAPALAM, DATED 18.8.18. EXHIBIT P3 TRUE COPY OF THE PLAINT PRESENTED BY THE PETITIONER AS O.S.NO.218/2016, ON THE FILE OF THE HON'BLE MUNSIFF COURT OTTAPALAM, DATED 26.4.16. EXHIBIT P4 TRUE COPY OF I.A.NO.161/2019 FILED IN R.C.P.NO.1/2018, RENT CONTROL COURT (MUNSIFF) OTTAPALAM, SEEKING STAY OF THE PROCEEDINGS UNDER SECTION 10 OF THE CODE OF CIVIL PROCEDURE CODE, DATED 1.14.19.

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EXHIBIT P5 TRUE COPY OF COUNTER FILED BY THE RESPONDENT IN I.A.NO.161/2019 FILED IN R.C.P.NO.1/2018, RENT CONTROL COURT (MUNSIFF) OTTAPALAM, DATED 16.1.19.

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EXHIBIT P6 TRUE COPY OF THE ORDER PASSED IN I.A.NO.161/2019 FILED IN R.C.P.NO.1/2018, BY THE HON'BLE RENT CONTROL COURT (MUNSIFF), OTTAPALAM, DATED 31.1.19.

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RESPONDENT(S)' EXHIBITS: NIL

Frederic George v. Ahammed Jasim

Case brief

What is this about?

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Frederic George v. Ahammed Jasim

Case brief

What is this about?

What did the court decide?

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