Partly allowed

Sreekumar v. M.K. Jose

Kerala HC17 Aug 2022OP (RC)/158/2022

Case brief

AI extract

What is this about?

In an original petition invoking supervisory jurisdiction under Article 227, the High Court directed the Rent Control Appellate Authority to dispose of a pending restoration application within two weeks and deferred coercive execution steps pending such disposal.

What did the court decide?

Direction to the Rent Control Appellate Authority to dispose of the pending restoration application within two weeks and suspension of coercive execution steps.

Sreekumar Vs M.K. Jose — Landlord and Tenant | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶6

WEDNESDAY, THE 17TH DAY OF AUGUST 2022/26TH SRAVANA, 1944

¶7

OP (RC) NO. 158 OF 2022

¶8

TO KEEP IN ABEYANCE FURTHER PROCEEDINGS IN E.P.NO.59 OF
2018 IN R.C.P.NO.4 OF 2017 ON THE FILE OF THE RENT
CONTROL COURT, PALA TILL R.P.NO.3 OF 2022 IN R.C.A.NO.23
OF 2018 ON THE FILE OF THE RENT CONTROL APPELLATE
AUTHORITY, PALA IS DISPOSED

¶9

PETITIONER/APPELLANT/RESPONDENT:

¶10

SREEKUMAR, AGED 47 YEARS, S/O.SASIDHARAN NAIR,
RESIDING AT KALAPURAKKAL HOUSE,
AMANAKARA P.O., AMANAKARA KARA,
RAMAPURAM VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT., PIN - 686576

¶11

BY ADVS.T.MADHU
C.R.SARADAMANI
SHAHID AZEEZ
RESHMA SANTHOSH
RENJISH S. MENON

¶12

RESPONDENT/RESPONDENT/PETITIONER:

¶13

M.K. JOSE, AGED 67 YEARS
SON OF KURIAKOSE,
RESIDING AT MANIVAYALIL HOUSE, MARANGAD KARA,
RAMAPURAM VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT, PIN - 686576

¶14

THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 17.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶15

O.P(RC)No.158 of 2022

¶16

-2-

¶17

JUDGMENT

¶18

Anil K. Narendran, J.

¶19

The petitioner is the respondent-tenant in R.C.P.No.4 of 2017 on the file of the Rent Control Court (Munsiff), Pala, a petition filed by the respondent herein-landlord under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the tenant from the petition schedule shop room bearing No.R.P.IV/899 (old No.RP IV/152) of Ramapuram Grama Panchayath. In the said Rent Control Petition, the Rent Control Court passed Ext.P1 order dated 24.01.2018 whereby eviction was ordered under Sections 11(2)(b) and 11(3) of the Act and the tenant was directed to handover the vacant possession of the petition schedule shop room to the landlord within a period of one month from the date of that order. Challenging the order of eviction granted by the Rent Control Court, the tenant filed R.C.A.No.23 of 2018 before the Rent Control Appellate Authority (Additional District Judge), Pala, in which the Appellate Authority granted an order of stay, on condition that the tenant shall clear the arrears of rent and continue to pay

¶20

-3-

¶21

O.P(RC)No.158 of 2022

¶22

rent for the subsequent period, during the pendency of that appeal.

¶23

On 21.02.2022, when R.C.A.No.23 of 2018 came

¶24

up for consideration, along with connected matters, there was no representation for the appellant. Hence, the Appellate Authority dismissed the appeal for default with cost. The tenant filed R.P.No.3 of 2022 before the Appellate Authority on 07.03.2022, seeking restoration of R.C.A.No.23 of 2018. That application is still pending consideration. In the meantime, the execution court, i.e., the Munsiff’s Court, Pala has proceeded with E.P.No.59 of 2018 in R.C.P.No.4 of 2017. It is in such circumstances that the petitioner is before this Court in this Original Petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

¶25

Heard the learned counsel for the petitioner-tenant.

¶26

Considering the nature of relief proposed to be granted, service of notice on the respondent-landlord is dispensed with.

¶27

The learned counsel for the petitioner-tenant would

¶28

submit that the application, i.e., R.P.No.3 of 2022 filed by the tenant seeking restoration of R.C.A.No.23 of 2018 is pending

¶29

-4-

¶30

O.P(RC)No.158 of 2022

¶31

consideration before the Appellate Authority for the last nearly 5 months. During the pendency of that application, the execution court is proceeding with E.P.No.59 of 2018.

¶32

Having considered the submissions made by the learned counsel for the petitioner-tenant, this Original Petition is disposed of by directing the Rent Control Appellate Authority, Pala to consider and pass appropriate orders on R.P.No.3 of 2022 in R.C.A.No.23 of 2018, as expeditiously as possible, at any rate, within a period of two weeks from 23.08.2022. Till such orders are passed, any coercive steps taken in E.P.No.59 of 2018 in R.C.P.No.4 of 2017 for effecting delivery of the petition schedule shop room shall be deferred.

¶33

Registry to communicate a copy of this judgment to the

¶34

Munsiff Court, Pala where E.P.No.59 of 2018 in R.C.P.No.4 of 2017 is pending consideration.

¶35

Sd/-

¶36

ANIL K. NARENDRAN, JUDGE

¶37

Sd/-

¶38

P.G. AJITHKUMAR, JUDGE

¶39

AV/17/8

¶40

-5-

¶41

O.P(RC)No.158 of 2022

¶42

APPENDIX OF OP (RC) 158/2022

¶43

PETITIONER EXHIBITS

¶44

Exhibit-P1 THE TRUE COPY OF THE ORDER DATED
24/01/2018 IN R.C.P. NO. 4/2017 ON
THE FILES OF THE RENT CONTROL COURT
PALA
Exhibit-P2 THE TRUE COPY OF THE APPEAL
MEMORANDUM IN R.C.A. NO. 23/2018 ON
THE FILES OF THE RENT CONTROL
APPELLATE AUTHORITY KOTTAYAM

¶45

Exhibit-P3 THE TRUE COPY OF THE ORDER DATED
21/02/2022 IN R.C.A NO. 23/2018 ON
FILES OF THE RENT CONTROL APPELLATE
AUTHORITY PALA

¶46

Exhibit-P4 THE TRUE COPY OF THE R.P. NO. 3/2022
IN R.C.A. NO. 23/2018 ON THE FILES OF
THE RENT CONTROL APPELLATE AUTHORITY,
PALA

Sreekumar v. M.K. Jose

Case brief

What is this about?

What did the court decide?

Sreekumar v. M.K. Jose

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suo Motu Vs State of Kerala

M.T.Muhammed Vs N.T. Fathima Suhara

K.Abbas Vs N.T. Fathima Suhara

Sreekumar Vs M.K. Jose

P. C.Unnikrishnan Vs Cochin Devaswom Board

Pakkayil Ibrahim Vs Nafeesa @ Nabeesa