Disposed

Kunnumbrath Beevi v. Puthanpurayil Hajira

Kerala HC15 Dec 2021OP (RC)/127/2021

Case brief

AI extract

What is this about?

A senior citizen petitioned under Article 226/227 for expedited disposal of rent control appeals. The Court directed the Appellate Authority to dispose of the appeal within four months and permitted landlords to seek interim rent recovery.

What did the court decide?

Direct the Rent Control Appellate Authority to dispose of RCA No.60 of 2020 within four months. Allow landlords to seek interim rent recovery.

Kunnumbrath Beevi Vs Puthanpurayil Hajira — Civil Procedure and Limitation | 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 15^TH DAY OF DECEMBER 2021 / 24TH AGRAHAYANA, 1943

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OP(RC) NO. 127 OF 2021

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SEEKING SPEEDY DISPOSAL OF RCA NO.60 OF 2020 OF APPELLATE AUTHORITY(DISTRICT COURT-IV), THALASSERY

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PETITIONER/1ST RESPONDENT IN RCA & 1ST PETITIONER IN RCP:

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KUNNUMBRATH BEEVI AGED 68 YEARS

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W/O.MOIDEEN, RESIDING AT BUSHRA MANZIL, NARANGAPPURAM, THALASSERY 670 101

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BY ADVS.

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RAJESH V.NAIR R.PARTHASARATHY

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RESPONDENTS/APPELLANT & RESPONDENTS 2 TO 10 IN RCA/RESPONDENT & PETITIONERS 2 TO 10 IN RCP:

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1 PUTHANPURAYIL HAJIRA AGED 54 YEARS

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D/O.HAMZA, RESIDING AT HAJIRAS, KODIYERI AMSOM, MOOZHIKKARA DESOM, MOOZHIKKARA P.O., THALASSERY, KANNUR DISTRICT-670 102

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2 MAJEED AGED 57 YEARS S/O.BEEVI, RESIDING AT BUSHRA MANZIL, NARANGAPPURAM, THALASSERY, KANNUR DISTRICT- 670 101

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3 BUSHRA AGED 55 YEARS D/O.BEEVI,RESIDING AT BUSHRA MANZIL, NARANGAPPURAM, THALASSERY, KANNUR DISTRICT-670 101

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OP(RC) No.127 of 2021

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4 SABIRA

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AGED 53 YEARS

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D/O.BEEVI, RESIDING AT BUSHRA MANZIL, NARANGAPPURAM, THALASSERY, KANNUR DISTRICT- 670 101

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5 SAMEERA

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AGED 51 YEARS

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D/O.BEEVI, RESIDING AT BUSHRA MANZIL, NARANGAPPURAM, THALASSERY, KANNUR DISTRICT- 670 101

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6 SAHIRA

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AGED 49 YEARS

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D/O.BEEVI, RESIDING AT BUSHRA MANZIL, NARANGAPPURAM, THALASSERY, KANNUR DISTRCIT -670 101

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7 MUHAMMED SAFAR

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AGED 47 YEARS

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S/O.BEEVI, RESIDING AT BUSHRA MANZIL, NARANGAPPURAM, THALASSERY, KANNUR DISTRICT- 670 101

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8 RIYAS

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AGED 45 YEARS

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S/O.BEEVI, RESIDING AT BUSHRA MANZIL, NARANGAPPURAM, THALASSERY, KANNUR DISTRICT- 670 101

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9 BERSANA AGED 43 YEARS D/O.BEEVI, RESIDING AT BUSHRA MANZIL, NARANGAPPURAM, THALASSERY, KANNUR DISTRICT- 670 101

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10 MUHAMMED NAVAS

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AGED 41 YEARS S/O.BEEVI, RESIDING AT BUSHRA MANZIL, NARANGAPPURAM, THALASSERY, KANNUR DISTRICT- 670 101

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 15.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(RC) No.127 of 2021

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J U D G M E N T

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Anil K. Narendran, J

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The petitioner along with respondents 2 to 10 filed R.C.P.No.122 of 2014 before the Rent Control Court, Thalassery under Section 11(3) of the Kerala Buildings (Lease and Rent) Control Act, 1965, seeking eviction of the 1^st respondent hereintenant from the petition schedule building. By the order dated 22.02.2020, the Rent Control Court granted an order of eviction in R.C.P.No.122 of 2014 and also in the connected matter, i.e., R.C.P.No.121 of 2014, under Section 11(3) of the Act and directed the tenant to give vacant possession of the petition schedule building. Challenging the order of eviction, the tenant filed R.C.A.No.60 of 2020 before the Rent Control Appellate Authority (Additional District Judge), Thalassery. The petitioner, who is a senior citizen aged 68 years, has filed this original petition under Article 227 of the Constitution of India seeking time bound consideration of R.C.A.No.60 of 2020 along with the connected matter, i.e., R.C.A.No.83 of 2020 arising out of R.C.P.No.121 of 2014.

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Heard the learned counsel for the petitioner.

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OP(RC) No.127 of 2021

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Considering the nature of relief proposed to be granted, service of notice on the 1^st respondent-tenant and also respondents 2 to 10 who are the legal heirs of the original landlord are dispensed with.

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The learned counsel for the petitioner would submit that, considering the fact that the petitioner is a senior citizen aged 68 years, a time bound disposal of R.C.A.No.60 of 2020

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and also the connected appeal, i.e., R.C.A.No.83 of 2020 is highly essential.

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R.C.A.No.83 of 2020 is one filed by Neeratti Muhammed Asharaf, who is the respondent-tenant in R.C.P.No.121 of 2014. Seeking time bound disposal of R.C.A.No.83 of 2020, the petitioner has already filed O.P. (RC)No.122 of 2021, which is being disposed of by a separate judgment.

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Having considered the submissions made by the

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learned counsel for the petitioner, this original petition is disposed of with the following directions:

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i) The Rent Control Court Appellate Authority, Thalassery shall finally dispose of R.C.A.No.60 of

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OP(RC) No.127 of 2021

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2020, as expeditiously as possible, at any rate, within a period of four months.

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ii) It would be open to the landlords to file an application under Section 12 of the Act, seeking an order directing the tenant to pay the admitted arrears of rent and continue to pay rent for the subsequent months, during the pendency of the Rent Control appeal.

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(iii) If any such application is filed, the Rent Control Appellate Authority shall pass appropriate orders thereon, within a period of one month from the date of filing of such an application, after affording the tenant a reasonable opportunity to file counter.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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Sd/-

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P.G. AJITHKUMAR JUDGE

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Kunnumbrath Beevi v. Puthanpurayil Hajira

Case brief

What is this about?

What did the court decide?

Kunnumbrath Beevi v. Puthanpurayil Hajira

Case brief

What is this about?

What did the court decide?

What the court decided

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