Allowed

Bobby Mani v. Sheriffa Beevi

Kerala HC9 Nov 2022OP (RC)/1/2021

Case brief

AI extract

What is this about?

In a rent control matter, the Kerala High Court allowed the petitioner landlord to file a subsequent petition for direction to furnish details of legal heirs after an earlier interrogatory application was dismissed by the Rent Controller.

What did the court decide?

The original petition is disposed of with liberty to the petitioner to file a petition for direction to furnish details of legal heirs.

Bobby Mani Vs Sheriffa Beevi — Landlord and Tenant | Kerala HC (2022)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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WEDNESDAY, THE 9^TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA,

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1944

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OP (RC) NO. 1 OF 2021

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AGAINST THE ORDER IN I.A.NO.1/2020 IN RCP 27/2014 OF PRINCIPAL MUNSIFF COURT, KOTTAYAM

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PETITIONER/S:

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BOBBY MANI, AGED 58 YEARS, S/O.LATE M.O.MANI, THANNIKKAL HOUSE, NATTAKOM VILLAGE, PAKKU KARA, PAKKIL P.O., KOTTAYAM TALUK.

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BY ADVS. C.S.MANILAL SRI.S.NIDHEESH

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RESPONDENTS/COUNTER PETITIONERS:

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1 SHERIFFA BEEVI, AGED 74 YEARS, W/O.LATE MOHAMMED NAHEEFA, RESIDING AT VARIKKATTU PARAMBU, KARAPUZHA, KOTTAYAM-686 003.

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2 ANSAR BEEGUM, AGED 41 YEARS, D/O.LATE MOHAMMED HANEEFA, RESIDING AT VARIKKATTU PARAMBU, KARAPUZHA, KOTTAYAM-686 003.

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3 RESINA BEEGUM, AGED 40 YEARS D/O.LATE MOHAMMED HANEEFA, RESIDING AT VARIKKATTU PARAMBU, KARAPUZHA, KOTTAYAM-686 003.

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4 ANSARI BEEGUM, AGED 38 YEARS, D/O.LATE MOHAMMED HANEEFA, RESIDING AT VARIKKATTU PARAMBU, KARAPUZHA, KOTTAYAM-686 003.

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5 SAZEENA BEEGUM, AGED 36 YEARS, D/O.LATE MOHAMMED HANEEFA, RESIDING AT VARIKKATTU PARAMBU, KARAPUZHA, KOTTAYAM-686 003.

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O.P.(RC) No.1/2021 2

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6 ANSARI HANEEFA, AGED 35 YEARS, S/O.LATE MOHAMMED HANEEFA, RESIDING AT VARIKKATTU PARAMBU, KARAPUZHA, KOTTAYAM-686 003.

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7 NAZUR HANEEFA, AGED 33 YEARS, S/O.LATE MOHAMMED HANEEFA, RESIDING AT VARIKKATTU PARAMBU, KARAPUZHA, KOTTAYAM-686 003.

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8 SULPHI HANEEFA, AGED 29 YEARS, D/O.LATE MOHAMMED HANEEFA, RESIDING AT VARIKKATTU PARAMBU, KARAPUZHA, KOTTAYAM-686 003.

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 09.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(RC) No.1/2021 3

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JUDGMENT

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A.Muhamed Mustaque, J .

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This original petition was filed by the

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petitioner in R.C.P.No.27/2014 on the file of the Additional Rent Controller, Kottayam. The petitioner is the landlord. He filed eviction petition against the legal heirs of the original tenant. The tenant contended misjoinder of necessary parties. Thereafter, the petitioner filed interrogatories seeking the detail

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regarding the legal heirs of original tenant. The said application was dismissed. Accordingly, the petitioner has approached this Court.

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Having gone through the nature of the interrogatories sought to be served on the respondents, we are of the view that nothing prevents the petitioner from filing a petition

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for direction to furnish the details of the legal heirs.

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O.P.(RC) No.1/2021 4

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prevent the petitioner from impleading any legal heirs and the Rent Controller shall also insist the legal heirs of the original tenant to furnish the details of the legal heirs to the petitioner.

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With liberty as above, the original petition

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is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN

JUDGE

O.P.(RC) No.1/2021 5

APPENDIX OF OP (RC) 1/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RENT CONTROL PETITION 27/2014 FILED BEFORE THE RENT CONTROL COURT, KOTTAYAM. EXHIBIT P2 TRUE COPY OF THE OBJECTION TO THE MAIN PETITION R.C.P.NO.27/2014. EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT AND PETITION IN R.C.P.27/2014. EXHIBIT P4 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE IST RESPONDENT IN R.C. (O.P) NO.27/2014. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 13.10.2020 IN I.A.NO.1/2020 IN R.C.P.NO.27/2014.

Bobby Mani v. Sheriffa Beevi

Case brief

What is this about?

What did the court decide?

Bobby Mani v. Sheriffa Beevi

Case brief

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