This Rent Control Court dismissed a writ petition challenging an order directing the petitioner-tenant to pay admitted rent arrears. The Court held that the petitioner had admitted his tenancy status and the lower court had no jurisdictional error in issuing the payment direction under the Rent Control Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
OP (RC).No.3 OF 2021
AGAINST P5ORDER IN IA 10707/2019 IN RCP 84/2018 DATED 30-10-2020 OF PRINCIPAL MUNSIFF COURT ,TRIVANDRUM
PETITIONER/COUNTER PETITIONER/RESPONDENT:
MANACAUD SURESH
AGED 42 YEARS SHIVA BHAVAN, T.C.39/1833, MANACAUD P.O., THIRUVANANTHAPURAM, 695011.
BY ADV. SRI.JELSON J.EDAMPADAM
RESPONDENTS/PETITIONERS/PLAINTIFFS:
1 MINI SAJAN VARGHESE W/O. SAJAN VARGHESE, KANJIRAKKATTU HOUSE, T.C.14/352, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.
2 SHERLY KURIYAKOSE, W/O. REJI VARGHESE, KANJIRAKKATTU HOUSE, T.C.14/352, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.
R1-2 BY ADV. SRI.MILLU DANDAPANI
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(RC) 3/2021
2
JUDGMENT
Dated this the 29th day of March 2021
A.MUHAMED MUSTAQUE, J
This original petition was filed challenging Ext.P5 order of the Rent Control Court, Thiruvananthapuram in I.A.No.10707/2019 in RCP.No.84/2018.
O.P.(RC) 3/2021
3
Accordingly, this original petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
True copy
JUDGE
P.A. To Judge
kp
O.P.(RC) 3/2021
4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RENT AGREEMENT DATED 27.6.2016. EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT IN WP(C) NO.22036/2019 DATED 9.10.2019 PASSED BY THIS HON'BLE COURT. EXHIBIT P3 TRUE COPY OF THE I.A.NO.10707/2019 IN R.C.P.84/2018. EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO THE I.A.NO.10707/2019 IN R.C.P.84/2018. EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 30.10.2020 IN I.A.10707/2019 IN R.C.P.84/2018 OF THE RENT CONTROL COURT, THIRUVANANTHAPURAM.
3 issues framed by the court
Whether the Rent Control Court committed jurisdictional error in directing the petitioner to pay admitted rent arrears when he contended he was not the tenant.
Whether the tenant's lack of locus standi regarding arrears payment can be raised in a writ petition challenging an interim order under Section 12(1) of the Rent Control Act.
Whether the writ challenge against the order directing payment of arrears and future rent should succeed.
2 provisions across 1 enactments
MANACAUD SURESH
MINI SAJAN VARGHESE
SHERLY KURIYAKOSE
A.MUHAMED MUSTAQUE
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
