Allowed

Sobha Sreedhar @ Sobha Krishnaprasad v. B.S.Bhasi

Kerala HC11 Jul 2019OP (RC)/26/2019

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an article 226 writ petition challenging the Rent Control Appellate Authority's order setting aside an exparte eviction and restoring the petition to file. The Court found no illegality and fixed the matter for disposal on merits within three months.

What did the court decide?

Impugned judgment confirmed; parties directed to appear before the Rent Control Court on 1st August 2019 for disposal on merits within three months.

Sobha Sreedhar @ Sobha Krishnaprasad Vs B.S.Bhasi — Landlord and Tenant | 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 A.HARIPRASAD

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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THURSDAY, THE 11TH DAY OF JULY 2019 / 20TH ASHADHA, 1941

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OP (RC).No.26 of 2019

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JUDGMENT DATED 12-12-2018 IN RCA 5/2018 of RENT CONTROL APPELLATE AUTHORITY, THIRUVANANTHAPURAM.

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PETITIONER/RESPONDENT :

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SOBHA SREEDHAR @ SOBHA KRISHNAPRASAD, D/O.LATE A.E.SREEDHARAN, SREEVIHAR, PALLURUTHY, COCHIN-6.

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BY ADVS. SRI.C.P.MOHAMMED NIAS SMT.V.NAMITHA

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RESPONDENT/APPELLANT :

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B.S.BHASI, UNIVERSAL HOUSE, UNIVERSAL ROAD, BEHIND SECRETARIAT, OOTTUKUZHY, THIRUVANANTHAPURAM, THE DIRECTOR, UNIVERSAL GROUP OF INSTITUTIONS, PRESS CLUB, OOTTUKUZHY ROAD, THIRUVANANTHAPURAM-695 001.

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BY ADV. SRI.G.S.REGHUNATH.

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THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON 11.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P(RC) No.26 of 2019 2

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A.HARIPRASAD & SHIRCY.V, J J.

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O.P(R.C) No.26 of 2019

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Dated this the 11th day of July, 2019

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J U D G M E N T

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A.HARIPRASAD, J

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Heard the learned counsel for the petitioner and respondent.

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Aggrieved by Ext.P10 judgment passed by the Rent Control

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Appellate Authority, Thiruvananthapuram in R.C.A No.5 of 2018, the

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petitioner/land lord has approached this Court under Article 227 of the

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Constitution of India. Petitioner is the eviction petitioner in R.C.P No.59 of

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2010 before the Rent Control Court, Thiruvananthapuram. He sought

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eviction of the respondent under Sections 11(2)(b), 11(3) and 11(4)(iii) of

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the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short 'the Act').

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O.P(RC) No.26 of 2019 3

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Pending the proceedings, the landlord was examined and she could not be

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cross examined due to some valid reason according to the tenant. The

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tenant was set ex parte and an order of eviction was passed. That was

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challenged before the Rent Control Appellate Authority,

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Thiruvananthapuram in R.C.A No.5 of 2008. After hearing both sides, the

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appellate authority disposed the appeal in the following manner :

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“In the result,

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(1) The R.C.A is allowed.

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(2) The order dated 09-04-2018 in I.A

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No.2669/2016 is set aside.

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(3) I.A No.2669/2016 is allowed.

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(4) The order of eviction passed against the tenant is

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set aside.

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(5) The rent control petition is restored to file.

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(6) The parties shall appear before the court below

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on 21-12-2018.”

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O.P(RC) No.26 of 2019 4

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It is the grievance of the petitioner that the judgment of the

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Appellate Authority is unsustainable since no valid reason has been mentioned for setting aside the ex parte order.

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Learned counsel for the respondent submitted that the

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Appellate Authority had only directed the parties to appear before the Rent Control Court on 21-12-2008, so that the matter could have been disposed

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on an early date. There was no delay on the part of the tenant in approaching the Rent Control Court seeking to set aside the ex parte order.

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Having regard to the facts and circumstances, we find that the

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Appellate Authority rightly thought that matter should be decided on merit

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rather than clinging on to technicalities. We find no illegality in Ext.P10

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judgment passed by the Rent Control Appellate Authority,

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Thiruvananthapuram, in R.C.A No.5 of 2018. Anxiety expressed by the learned counsel for the petitioner is that there is a chance of prolonging the

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O.P(RC) No.26 of 2019 5

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matter by the tenant on one pretext or other. In order to check that

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situation, following directions are issued :

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Ext.P10 judgment is confirmed.

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Parties shall appear before the Rent Control Court,

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Thiruvananthapuram on 1st August, 2019.

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The Rent Control Court, Thiruvananthapuram, shall dispose of the

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matter on merits within a period of three months from the date of

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appearance of the parties.

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All pending interlocutory applications will stand closed.

A. HARIPRASAD,

JUDGE.

SHIRCY.V,

JUDGE

amk

O.P(RC) No.26 of 2019 6

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF RENT CONTROL PETITION FILED BY THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE OBJECTIONS FILED BY THE RESPONDENT TO THE RENT CONTROL PETITION. EXHIBIT P3 TRUE COPY OF THE COMMISSION REPORT SUBMITTED IN I.A.6695/2013 IN R.C.P.NO.59/2010. EXHIBIT P4 TRUE COPY OF THE ORDER IN RCP 59/2010 DATED 04.03.2014. EXHIBIT P5 TRUE COPY OF THE ORDER IN I.A.3083/2014 IN RCP 59/2010 DATED 16/10/2014. EXHIBIT P6 TRUE COPY OF THE ORDER IN RCP 59/2010 DATED 29/02/2016 EXHIBIT P7 TRUE COPY OF THE ORDER IN I.A.2669/2016 IN RCP 59/2010 DATED 09/04/2018. EXHIBIT P8 TRUE COPY OF RCA 5/2018 FILED BY THE RESPONDENT HEREIN. EXHIBIT P9 TRUE COPY OF THE OBJECTIONS FILED BY THE PETITONER HEREIN IN RCA 5/2018. EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 12.12.2018 IN RCA 5/2018.

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RESPONDENT'S EXHIBITS : NIL .

Sobha Sreedhar @ Sobha Krishnaprasad v. B.S.Bhasi

Case brief

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Sobha Sreedhar @ Sobha Krishnaprasad v. B.S.Bhasi

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