Tenant sought time to pay rent arrears under a compromise order after eviction execution was initiated. Court granted three months to pay the balance and deferred execution proceedings.
Petitioner granted three months' time to pay arrears; execution proceedings deferred for three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
TUESDAY, THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940
OP (RC).No. 27 of 2019
AGAINST THE ORDER IN E.A.NO.434/2018 IN E.P.NO.483/2017 IN RCP 9/2016 of MUNSIFF COURT, CHALAKUDY
PETITIONER :
MOLECULES DESIGN FACTORY (P)LTD., NO. 28/3650, KOCHI CORPORATION, GEORGE AVENUE, WATER FRONT ENCLAVE, PIN 682 020, ELAMKULAM P.O, KANAYANNUR TALUK, ERNAKULAM DISTRICT, REPRESENTED BY MANAGING DIRECTOR SUNNY JOSE, AGED 35 YEARS, S/O. MARUTHAMKUZHIYIL JOSEPH, HOUSE NO. 2/308, KOCHI CORPORATION, PIN - 682 307, UDAYAMPEROOR P.O, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.
BY ADVS. SRI.JAISON JOSEPH SRI.P.S.APPU
RESPONDENT :
MARIYAM, AGED 66 YEARS, W/O. KOMBARAKKARAN JOSE, RESIDING AT HOUSE NO. XII/22, CHALAKUDY MUNICIPALITY, ELINJIPRA P.O, DESOM, POTTA VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680 721.
BY ADV.SRI.T.N.MANOJ
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 19.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP (RC).No. 27 of 2019
2
JUDGMENT
K.Harilal, J.
The petitioner is the tenant, who is confronting with execution of an order of eviction passed against him, in execution of a compromise order passed against him. He failed to pay the arrears of rent due to the respondent as per the terms of compromise. Consequently, in terms of the compromise order, execution petition had been restored to the file. This OP(RC) is filed seeking time to pay the entire arrears of rent.
OP (RC).No. 27 of 2019
3
learned counsel for the respondent. But the learned counsel for the respondent further submits that reasonable time alone can be given to the petitioner to pay the balance arrears of rent in lumpsum.
Having regard to the interest of justice, the petitioner is given three months' time to pay the entire arrears of rent in terms of the compromise order. All further execution proceedings will stand deferred for three months from today. In case of failure to deposit the entire arrears of rent within three months, the execution court shall proceed with the execution.
This OP(RC) is disposed of as above.
Sd/- K.HARILAL, JUDGE
Sd/- ANNIE JOHN, JUDGE
RKM
OP (RC).No. 27 of 2019
4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1
COPY OF THE AGREEMENT FILED IN RCP NO. 9/2016 DATED 27-06-2018.
EXHIBIT P2
COPY OF E A NO. 343/2018 IN EP NO. 483/17 IN RCP NO. 9/2016 DATED 10-09-2018 ON THE FILE OF THE MUNSIFF COURT, CHALAKUDY.
EXHIBIT P3
COPY OF THE ORDER PASSED BY THE MUNSIFF COURT, CHALAKUDY IN E.A NO. 343/2018 IN E.P NO. 483/2017 IN RCP 9/16 DATED 17-1-2019.
3 issues framed by the court
Whether the petitioner tenant, who failed to pay rent arrears as per compromise, should be granted time to pay.
Whether execution proceedings should be deferred to allow the petitioner to deposit arrears.
What period of time should be granted to the petitioner to clear the outstanding rent dues?
Molecules Design Factory (P) Ltd.
Mariyam
K. Harilal
Annie John
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
