Allowed

Rajilath Beegam@Rajilath, v. Salim Abdulla.

Kerala HC8 Dec 2021OP (RC)/125/2021

Case brief

AI extract

What is this about?

The High Court, upon a writ petition under Article 227, directed the Kayamkulam Rent Control Court to dispose of a separately filed eviction petition within five months. The court dispensed with notice service and directed the lower court to grant four weeks to tenants for filing objections.

What did the court decide?

Directed the Rent Control Court to dispose of R.C.P.No.4 of 2020 within five months, granting tenants four weeks to file objections, and allowing the petitioner to seek arrears under Section 12.

Rajilath Beegam@Rajilath, Vs Salim Abdulla. — Landlord and Tenant | Kerala HC (2021)

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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 ANIL K. NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 8^TH DAY OF DECEMBER 2021 / 17TH AGRAHAYANA, 1943

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O.P.(RC)NO.125 OF 2021

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EXPEDITIOUS DISPOSAL OF R.C.P.No.4 OF 2020 OF THE RENT CONTROL COURT (MUNSIFF), KAYAMKULAM

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PETITIONER/PETITIONER:

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RAJILATH BEEGAM@RAJILATH, AGED 54 YEARS, W/O. SALIM, OORAYI PARAMBIL, KAYAMKULAM MURI, KAYAMKULAM VILLAGE, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT.

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BY ADV K.RAKESH

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RESPONDENTS/COUNTER PETITIONERS:

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1 SALIM ABDULLA, AGED 50 YEARS, S/O. ABDULLA KUTTY, MUKKUTHI THARAYIL, NEAR COLLEGE JUNCTION FROM, PANIPURA, THEKKATHIL, KAYAMKULAM MURI, KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT-690 502.

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2 MANZOOR, AGED 44 YEARS, S/O.SUBERKUTTY, KADAYIL VEEDU, THODIYOOR EAST MURI, THODIYOOR VILLAGE, KARUNAGAPLLY TALUK, KOLLAM DISTRICT, PIN -690 518.

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(RC)No.125 OF 2021

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner filed R.C.P.No.4 of 2020 before the Rent Control Court (Munsiff), Kayamkulam, a petition under Sections 11(2)(b), 11(3) and 13(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the respondents herein-tenants from the petition schedule building bearing Nos.KMC X/327 D. The petitioner has filed this original petition under Article 227 of the Constitution of India, seeking an order directing the Rent Control Court to dispose of R.C.P.No.4 of 2020 as expeditiously as possible.

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Heard the learned counsel for the petitionerlandlord. Considering the nature of relief proposed to be granted service of notice on the respondents-tenants is dispensed with.

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The grievance of the petitioner in this original petition is the delay in disposal of R.C.P.No.4 of 2020 on the file of the Rent Control Court, Kayamkulam.

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The Rent Control Petition is one filed on 06.08.2020,

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O.P.(RC)No.125 OF 2021

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which was adjourned to 11.09.2020, after issuing notice to the respondent and for settlement of issues. Though several adjournments were granted, the respondents did not file objection. Now, the matter is listed to 22.12.2021 for objections.

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Having considered the submissions made by the learned counsel for the petitioner, this original petition is disposed of as follows;

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In case the respondents-tenants is yet to file objection in R.C.P.No.4 of 2020, the Rent Control Court shall grant the tenant four weeks time from 22.12.2021 to file objection.

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Thereafter, the Rent Control Court shall finally dispose of R.C.P.No.4 of 2020, as expeditiously as possible, at any rate, within a period of five months.

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It would be open to the petitioner-landlord to file an application under Section 12 of the Act, seeking an order directing the respondents-tenants to pay the admitted arrears of rent and continue to pay rent

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O.P.(RC)No.125 OF 2021

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for the subsequent months, during the pendency of

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the Rent Control Petition.

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If any such application is filed, the Rent Control Court shall pass appropriate orders thereon, after affording the tenants a reasonable opportunity to file counter.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/P.G. AJITHKUMAR, JUDGE

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MIN

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O.P.(RC)No.125 OF 2021

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APPENDIX OF O.P.(RC)NO.125 OF 2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE RENT CONTROL PETITION FLED BY THE PETITIONER BEFORE THE RENT CONTROL COURT, KAYAMKULAM IN R.C.P. NO.4/2020, DAT ED 6.8.2020.

Rajilath Beegam@Rajilath, v. Salim Abdulla.

Case brief

What is this about?

What did the court decide?

Rajilath Beegam@Rajilath, v. Salim Abdulla.

Case brief

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What did the court decide?

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