Petitioner sought speedy disposal of a pending rent control petition. High Court directed the lower court to adjudge the main petition within three months and another application within one month.
Directing the Rent Control Court to finally dispose of R.C.P.No.10 of 2020 within three months from 08.11.2021 and I.A.No.2 of 2020 within one month.
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 FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
O.P.(RC)NO.54 OF 2021
SEEKING SPEEDY DISPOSAL IN R.C.P.NO.10 OF 2020 ON THE FILE OF THE RENT CONTROL COURT (II ADDITIONAL MUNSIFF), KOCHI
PETITIONER/S:
BONO FERNANDEZ @ MARY BONO FERNANDEZ, AGED 61 YEARS, W/O. ROBERT FERNANDEZ, HOUSE NO.1/1040 AND 1/1040 A, KUNNAMPURAM, NJALIPARAMBU ROAD, FORT KOCHI, KOCHI-682001, NOW RESIDING AT FLAT NO.1D, EXPRESS ESTATE, KALOOR, KOCHI-682017.
BY ADVS. BASIL CHANDY VAVACHAN SRI.GEORGIE SIMON SHRI.GOKIL JAGANNIVAS SMT.SURYA SUNDARESAN SMT.CHARUTHA BHAIJU SMT.TRESA AUGUSTINE
RESPONDENT/S:
AJIN CHERIYAN GEORGE, AGED 32 YEARS, S/O. GEORGE M. CHERIYAN, PUTHENPURACKAL HOUSE, KURUVATTA P.O., KUMARAPURAM, ALAPPUZHA, NOW RESIDING AT: HOUSE NO.1/1040 AND 1/1040 A, KUNNAMPURAM, NJALIPARAMBU ROAD, FORT KOCHI, KOCHI-682001.
BY ADVS. K.G.PREETHY M.K.FAISAL
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(RC)NO.54 OF 2021
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JUDGMENT
Anil K. Narendran, J.
The petitioner has filed R.C.P. No.10 of 2020 before the Rent Control Court (IInd Additional Munsiff), Kochi under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the respondent herein-tenant from the petition schedule building. The grievance of the petitioner, who is a senior citizen aged 61 years, is the delay in final disposal of the Rent Control Petition and also I.A.No.2 of 2021, which is one filed under Section 12 of the Act. I.A.No.2 of 2021, in which the Rent Control Court has already passed an order under Section 12(1) of the Act, which is one dated 03.08.2021.
3 . On 28.06.2021, this Court issued urgent notice by
O.P.(RC)NO.54 OF 2021
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speed post to respondent , returnable within two weeks.
4 . The only relief sought for in this original petition is
an early disposal of R.C.P.No.10 of 2020, which is now pending consideration before the Rent Control Court, Fort Kochi, I.A.No.2 of 2020, filed by the landlord, an application under Section 12 of the Act, is also pending consideration before that court, which is now listed to 08.11.2021.
In such circumstances, this original petition is disposed of by directing the Rent Control Court to finally dispose of R.C.P.No.10 of 2020, as expeditiously as possible, at any rate, within a period of three months from 08.11.2021. The Rent Control Court shall also pass final orders on I.A.No.2 of 2020, within a period of one month.
Sd/ANIL K. NARENDRAN, JUDGE
Sd/P.G. AJITHKUMAR, JUDGE
MIN
O.P.(RC)NO.54 OF 2021
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APPENDIX OF O.P.(RC)NO.54 OF 2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF RENTAL AGREEMENT DATED 15/07/2019 EXECUTED BETWEEN PETITIONER AND RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF LETTER DATED 19/04/2020 SENT BY PETITIONER TO RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF REPLY NOTICE DATED 11/06/2020 SENT BY THE RESPONDENT'S LAWYER TO THE PETITIONER.
EXHIBIT P4 THE TRUE COPY OF RCP NO.10/2020 OF HONOURABLE II-ADDITIONAL MUNSIFF COURT, KOCHI DATED 24/07/2020.
EXHIBIT P5 THE TRUE COPY OF MEDICAL HISTORY DATED 10/06/2017 OF PETITIONER'S HUSBAND.
1 issue framed by the court
Whether the Rent Control Court should be directed to finally dispose of the pending Rent Control Petition and application expediently?
2 provisions across 1 enactments
AJIN CHERIYAN GEORGE
ANIL K. NARENDRAN
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
