The High Court of Kerala dismissed an original petition filed under Article 227 challenging an order directing a tenant to deposit arrears of rent. The petition was dismissed for non-prosecution as the petitioner failed to appear or engage counsel despite multiple notices.
The original petition under Article 227 is dismissed for non-prosecution.
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 ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 7TH DAY OF DECEMBER 2021/ 16TH AGRAHAYANA, 1943
O.P.(RC) NO. 74 OF 2021
AGAINST THE ORDER DATED 03.12.2018 IN I.A.NO.2278 OF 2018
IN R.C.(OP) NO.12 OF 2015 OF MUNSIFF COURT,
KARUNAGAPPALLY
PETITIONER:
RADHAKRISHNAUNNI,
AGED 54 YEARS, S/O. VASUDEVAN UNNI, NELLIRETHU BHAVANAM, PATIKKUZHI MURI, OACHIRA VILLAGE, KARUNAGAPPLLY TALUK, 628363.
BY Party-In-Person
RESPONDENTS:
1 HUSSAIN,
S/O. MYTHEENKUNJU, K P HOUSE, WARD NO. XIV, HOUSE NO. 468, SASTHAMCOTTA GRAMA PANCHAYATH, PALLISSERIKKAL MURI, PALLISSERIKKAL P.O. SASTHAMCOTTA VILLAGE, KUNNATHOOR TALUK - 628 377.
2 ASHIK,
AGED 29 YEARS, S/O. ABDUL SALAM, AISHU BUNGLOW, KRISHNAPURAM MURI, KRISHNAPURAM P.O. KRISHNAPURAM VILLAGE, HOUSE NO. XI-4, KRISHNAPURAM GRAMA PANCHAYAT, KARTHIKAPPALY TALUK - 628 266.
THIS O.P.(RENT CONTROL) HAVING COME UP FOR ADMISSION ON 07.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O.P.(RC) No.74 of 2021
O R D E R
Ajithkumar, J.
This Original Petition is filed by the respondent-tenant in R.C.(OP) No.12 of 2015 on the file of the Rent Control Court (Munsiff), Karunagappally. The rent control petition was filed by the respondent seeking eviction under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The respondent filed I.A.No.2278 of 2018 in the said R.C.(OP) under Section 12 of the Act. As per order dated 03.12.2018 the Rent Control Court directed the petitionertenant to deposit arrears of rent at the rate of Rs.3,000/- per month, which remained due from 10.02.2014 onwards and to continue to pay the rent subsequently becomes due till the disposal of the R.C.(OP). The petitioner filed this Original Petition under Article 227 of the Constitution of India challenging the said order.
When this matter came up for hearing on 28.10.2021, it was reported that the learned counsel appearing for the petitioner was relinquishing his Vakalath. The matter was
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O.P.(RC) No.74 of 2021
therefore adjourned directing notice to the petitioner informing him regarding the next posting date and also the necessity to engage a lawyer. Notice sent on 12.11.2021 was served on the petitioner and the acknowledgment card received back. On 06.12.2021 when the case was posted, there was no representation for the petitioner. Today also, none appears for the petitioner.
In the above circumstances, the Original petition is dismissed for non-prosecution.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
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O.P.(RC) No.74 of 2021
APPENDIX OF OP (RC) 74/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RENT CONTROL FILED BY THE RESPONDENT IN OP (BRC) NO. 12 OF 15 ON THE FILES F MUNSIFF COURT, KARUNAGAPPALLY.
Exhibit P2
A TRUE COPY OF THE WRITTEN OBJECTION FILED BY THE PETITIONER IN O.P. (BRC) NO. 12 OF 15 ON THE FILES OF MUSIFF COURT KARUNAGAPPALLY.
Exhibit P3 A TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE PETITIONER IN I.A. NO. 1237 OF 2018 IN O.P. (BRC) NO. 12 OF 15 ON THE FILES OF MUNSIFF COURT, KARUNAGAPPALY.
Exhibit P4 A TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT AGAINST I.A. NO. 1237 OF 2017 I N O.P. (BRC) NO. 12 OF 15 DATED 20.07.2017 ON THE FILES OF MUNSIFF COURT, KARUNAGAPPALLY.
Exhibit P5
A TRUE COPY OF THE ORDER DATED 3.12.2018 IN I.A. NO. 2278 OF 2018 IN O.P. (BRC) NO. 12 OF 15 N THE FILES OF MUNSFF COURT, KARUNAGAPPALLY.
2 issues framed by the court
Whether an original petition under Article 227 challenging the order of a Rent Control Court can be proceeded with in the absence of the petitioner.
Whether the High Court can dismiss the petition for non-prosecution when the petitioner fails to appear without engageing counsel.
4 provisions across 2 enactments
Radhakrishnan Unni
Hussain
Ashik
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
