Allowed

Thalathil Mepparambath Ajayan v. Chammalil Kuruvan Veetil Kunhathuty @ Shameem Rahman

Kerala HC17 Dec 2021OP (RC)/129/2021

Case brief

AI extract

What is this about?

Petitioner tenant filed Original Petition under Article 226 seeking direction to keep eviction execution proceedings in abeyance pending consideration of appeal and condonation of delay application by Rent Control Appellate Authority.

What did the court decide?

Writ petition allowed; Execution proceedings directed to be kept in abeyance; Appellate Authority to decide condonation of delay within one month and appeal within four months.

Thalathil Mepparambath Ajayan Vs Chammalil Kuruvan Veetil… — 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

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FRIDAY, THE 17^TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943 O.P.(RC) NO. 129 OF 2021

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SPEEDY DISPOSAL OF I.A.NO.1 OF 2021 IN R.C.A.NO.31 OF 2021 OF THE RENT CONTROL APPELLATE AUTHORITY (DISTRICT JUDGE), MANJERI

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PETITIONER:

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THALATHIL MEPPARAMBATH AJAYAN,

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AGED 54 YEARS, S/O. APPUTTY, P.O.KARAD, AZHINJILAM AMSOM AND DESOM, KONDOTTY TALUK, MALAPPURAM DISTRICT, PIN- 679 339.

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BY ADV K.RAKESH

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RESPONDENT:

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CHAMMALIL KURUVAN VEETIL KUNHATHUTY @ SHAMEEM RAHMAN, AGED 63 YEARS, D/O.K.C.MUHAMMED SAHIB, P.O.THIRUTHIYAD, KONDOTTY TALUK, VAZHAYUR AMSOM, KAKKOVU DESOM, MALAPPURAM DISTRICT, PIN – 673633.

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THIS O.P.(RENT CONTROL) HAVING COME UP FOR ADMISSION ON 17.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(RC) No.129 of 2020

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JUDGMENT

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Ajithkumar, J.

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The petitioner is the tenant. The respondent filed R.C.P.No.11 of 2019 before the Rent Control Court (Munsiff), Parappanangady, seeking eviction of the petitioner under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. In that R.C.P., the Rent Control Court passed Ext.P1 order on 11.02.2021 under Section 12(3) of the Act directing the petitioner to put the respondent-landlord in possession of the petition schedule building within one month from the date of that order. Challenging the said order, the petitioner preferred an appeal before the Rent Control Appellate Authority (District Judge), Manjeri as R.C.A.No.31 of 2021 under Section 18(1)(b) of the Act. There occurred a delay of 265 days in filing the said appeal. Therefore, the petitioner filed I.A.No.1 of 2021 in R.C.A.No.31 of 2021 for condonation of delay. The petitioner also filed another application before the Appellate Authority seeking to stay the execution of order of eviction passed in R.C.P.No.11 of 2019.

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O.P.(RC) No.129 of 2020

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The appeal and the applications are pending consideration, but in the meanwhile, the respondent is taking steps for execution of the order of eviction. In the said circumstances, the petitioner filed this Original Petition under Article 227 of the Constitution of India seeking a direction to the Appellate Authority to consider and pass appropriate orders in the said R.C.A. and the applications and, in the meantime to direct the executing court to keep the proceedings in E.P.No.119 of 2021 in R.C.A.No.11 of 2019 in abeyance.

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Heard the learned counsel for the petitioner. Considering the relief proposed to be granted in this matter, we dispense with notice to the respondent.

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The respondent filed E.P.No.119 of 2021 for execution of the summary order of eviction passed under Section 12(3) of the Act. The appeal filed by the petitioner challenging the said order as R.C.A.No.31 of 2021 along with an application to condone the delay of 265 days is pending before the Appellate Authority. If delivery is effected in the meantime, there occur prejudice to the petitioner. Hence, we

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O.P.(RC) No.129 of 2020

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are of the view that there shall be a direction to the Rent Control Appellate Authority to decide the application for condonation of delay occurred in filing the Rent Control Appeal on merits and if the same is allowed, to dispose of the appeal on merits within a reasonable period. It is only appropriate to keep the execution proceedings in abeyance till the Appellate Authority takes such a decision.

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Hence, this Original Petition is disposed of directing

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the Rent Control Appellate Authority, Manjeri to decide the application for condonation of delay within a period of one month from the date of production of a certified copy of this judgment and if the application is allowed, to dispose of R.C.A.No.31 of 2021 within a period of four months thereafter. Proceedings in E.P.No.119 of 2021 will be kept in abeyance till such time.

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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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dkr

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O.P.(RC) No.129 of 2020

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APPENDIX OF OP (RC) 129/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE ORDER DATED 11/2/2021 IN R.C.P.NO.11/2019 OF THE RENT CONTROLLER, PARAPPANANGADI.

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Exhibit P2 TRUE COPY OF THE APPEAL MEMORANDUM IN R.C.A.NO.31/2021 FILED BEFORE THE RENT CONTROL APPELLATE AUTHORITY (DISTRICT JUDGE), MANJERI ALONG WITH THE DELAY PETITION AND STAY PETITION DATED 2/12/2021.

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Exhibit P3

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TRUE COPY OF THE MEMO FILED BY THE COUNSEL FOR THE PETITIONER BEFORE THE COURT BELOW, EVIDENCING REMITTANCE OF RENT, DATED 23/10/2021.

Thalathil Mepparambath Ajayan v. Chammalil Kuruvan Veetil Kunhathuty @ Shameem Rahman

Case brief

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Thalathil Mepparambath Ajayan v. Chammalil Kuruvan Veetil Kunhathuty @ Shameem Rahman

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