Disposed

Caletal Developers Private Ltd.Represented by Managing Director Sri. Akash Anand v. Joy Joseph Chackalackal

Kerala HC24 Nov 2022OP (RC)/213/2022

Case brief

AI extract

What is this about?

In a writ petition challenging an interim order under Section 12(1) of the Kerala Buildings (Lease and Rent Control) Act while a rent petition remains pending, the Court declined to interfere. It directed the Rent Controller to list and dispose of the case between 12.12.2022 and 23.12.2022.

What did the court decide?

Directing the Rent Controller to list the case on 12.12.2022 and dispose it before 23.12.2022.

Caletal Developers Private Ltd.Represented by Managing… — Property and Title | 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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THURSDAY, THE 24^TH DAY OF NOVEMBER 2022 / 3RD AGRAHAYANA,

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1944

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OP (RC) NO. 213 OF 2022

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RCP 51/2020 OF THE RENT CONTROLLER,THRISSUR

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PETITIONERS/PETITIONERS 3 AND 1/RESPONDENTS 3 AND 1

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1 CALETAL DEVELOPERS PRIVATE LTD. TMC XXII/1294, OLD NO. 8/409-A ANCHERY DESOM, NADATHARA VILLAGE THRISSUR TALUK, THRISSUR DISTRICT KERALA, PIN - 68006 REPRESENTED BY MANAGING DIRECTOR SRI. AKASH ANAND AGED 27 YEARS SON OF SRI. KOTTIYATTIL SADANANDAN SANGEERTHANAM, NEAR KARTHIYANI TEMPLE AYYANTHOLE DESOM AYYANTHOLE VILLAGE, THRISSUR TALUK AYYANTHOLE P.O., THRISSUR DISTRICT KERALA, PIN - 680003 2 AKASH ANAND, AGED 27 YEARS SON OF SRI. KOTTIYATTIL SADANANDAN SANGEERTHANAM, NEAR KARTHIYANI TEMPLE AYYANTHOLE DESOM AYYANTHOLE VILLAGE, THRISSUR TALUK AYYANTHOLE P.O., THRISSUR DISTRICT KERALA, PIN - 680003 BY ADVS. LUKE J CHIRAYIL C.L.JOSEPH (KTYM) M.G.SREEJITH

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RESPONDENTS/RESPONDENTS 1 AND 2 & 2ND

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PETITIONER/PETITIONER, RESPONDENTS 4 AND 2

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OP(RC).213 of 2022

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1 JOY JOSEPH CHACKALACKAL, AGED 63 YEARS SON OF SRI. KIDANGATH CHACKALACKAL JOSEPH S8, HILIFE ELEGANCE APARTMENTS, PUTHUR ROAD NADATHARA VILLAGE, THRISSUR TALUK KURIACHIRA P.O., THRISSUR DISTRICT KERALA, PIN - 680006 2 SADANANDAN, AGED 61 YEARS AGED 61 YEARS, SON OF SANGEERTHANAM NEAR KARTHIYANI TEMPLE AYYANTHOLE DESOM AYYANTHOLE VILLAGE, THRISSUR TALUK AYYANTHOLE P.O., THRISSUR DISTRICT KERALA - 680003 3 DR. VIVEK GOPINATHAN, AGED 40 YEARS SON OF SRI. T.A. GLIPNATHAN PARIJATHA, TMC 12/566 AMMANKOVIL SOUTH LANE POOTHOLE DESOM, ARANATTUKARA VILLAGE THRISSUR TALUK, POOTHOLE P.O. THRISSUR DISTRICT, KERALA, PIN- 68004 NOW RESIDING AT KASTHUBA HOSPITAL UDUPI - HEBRI ROAD, MADHAV NAGAR MANIPAL, KARNATAKA , PIN - 576104 BY ADVS. N.M.MADHU C.S.RAJANI(K/2275/1999) THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 24.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(RC).213 of 2022

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MUHAMED MUSTAQUE & SOBHA ANNAMMA EAPEN, JJ. --------------------------------------------OP(RC).213 of 2022 ---------------------------Dated : 24^th November, 2022

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JUDGMENT

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Muhamed Mustaque, J.

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The tenant has come up in this Original Petition challenging the order passed under Section 12(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965. According to him, he is not liable to pay other than the rent covered by the notice preceded the institution of rent control petition under Section 11(2)(a). This is an order passed only under Section 12(1). Final order has not been passed so far. It is to be noted that the petition for eviction is only under Section 11(2)(a) (b).

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Having considered the above circumstances, we are not inclined to interfere with the issue involved in this case especially the rent control petition is pending and final order has not been

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OP(RC).213 of 2022

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passed under Section 12(b).

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Hence, we direct the Rent Controller to list the case on 12.12.2022 and dispose it of

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before 23.12.2022.

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The Original Petition is disposed of as above.

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Sd/-

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MUHAMED MUSTAQUE, Judge

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Sd/-

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SOBHA ANNAMMA EAPEN, Judge

Mrcs

OP(RC).213 of 2022

APPENDIX OF OP (RC) 213/2022

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PETITIONER EXHIBITS

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Exhibit P1	THE TRUE COPY OF THE PETITION NUMBERED
	AS R.C.P. NO. 51 OF 2020 ON THE FILES OF THE HON'BLE RENT CONTROL COURT, THRISSUR
Exhibit P2	THE TRUE COPY OF THE PETITION NUMBERED AS I.A. NO. 2 OF 2020 IN R.C.P. NO. 51 OF 2020 ON THE FILES OF THE HON'BLE RENT CONTROL COURT, THRISSUR
Exhibit P3	THE TRUE COPY OF THE LEGAL NOTICE DATED 10.06.2020 ISSUED BY ADV. JACOB O. RAPHEAL
Exhibit P4	THE TRUE COPY OF THE LEGAL NOTICE DATED 30.06.2020 ISSUED THROUGH ADV. K. N. SOMAKUMAR & ADV. VISHNU HARI K
Exhibit P5	THE TRUE COPY OF THE OBJECTION DATED 20.03.2021 FILED BY THE PETITIONERS HEREIN
Exhibit P6	THE TRUE COPY OF THE DOCUMENT LIST DATED 03.04.2021 FILED BY THE PETITIONERS HEREIN IS RCOP NO. 51 OF 2020 ON THE FILES OF THE HON'BLE RENT CONTROL COURT, THRISSUR
Exhibit P7	THE TRUE COPY OF THE LEDGER ACCOUNT MAINTAINED BY THE PETITIONERS FROM 01.04.2015 TO 31.03.2021
Exhibit P8	THE TRUE COPY OF THE RECEIPT DATED 29.06.2019 ISSUED BY THE 1ST RESPONDENT HEREIN ACKNOWLEDGING THE RECEIPT OF RENT AMOUNT OF RS. 25,000/- (RUPEES TWENTY FIVE THOUSAND ONLY)
Exhibit P9	THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 05.10.2019 ISSUED BY THE

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OP(RC).213 of 2022

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1ST RESPONDENT HEREIN ACKNOWLEDGING THE RECEIPT OF AN AMOUNT OF RS. 50,000/- (RUPEES FIFTY THOUSAND ONLY) Exhibit P10 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 09.12.2019 ISSUED BY THE 1ST RESPONDENT HEREIN ACKNOWLEDGING THE RECEIPT OF AN AMOUNT OF RS. 25,000/- (RUPEES TWENTY FIVE THOUSAND ONLY) Exhibit P11 THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 30.01.2020 ISSUED BY THE 1ST RESPONDENT HEREIN ACKNOWLEDGING THE RECEIPT OF AN AMOUNT OF RS. 1,00,000/- (RUPEES ONE LAKH ONLY) Exhibit P12 THE TRUE COPY OF THE STATEMENT DATED 28.09.2021 FILED BY THE 1ST RESPONDENT HEREIN IN I.A. NO. 2 OF 2021 IN R.C.P. NO. 51 OF 2020 ON THE FILES OF THE HON'BLE RENT CONTROL COURT, THRISSUR Exhibit P13 THE TRUE COPY OF THE STATEMENT DATED 02.04.2021 FILED BY THE PETITIONER IN R.C.P. NO. 51 OF 2020 ON THE FILES OF THE HON'BLE RENT CONTROLLER, THRISSUR Exhibit P14 THE TRUE COPY OF THE STATEMENT REGARDING DETAILS OF RENT WITHOUT INTEREST AND SECURITY DEPOSIT FILED BY THE PETITIONER Exhibit P15 THE TRUE COPY OF THE STATEMENT DATED 11.11.2021 FILED BY THE 2ND PETITIONER HEREIN IN I.A. NO. 2 OF 2021 IN R.C.P. NO. 51 OF 2020 Exhibit P16 THE TRUE COPY OF THE PLAINT IN O.S. NO. 1095 OF 2021 ON THE FILES OF THE HON'BLE MUNSIFF COURT, THRISSUR Exhibit P17 THE TRUE COPY OF THE PLAINT IN O.S. NO. 1440 OF 2020 ON THE FILES OF THE

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OP(RC).213 of 2022

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	HON'BLE MUNSIFF COURT, THRISSUR
Exhibit P18	THE TRUE COPY OF THE ORDER DATED 15.12.2021 IN I.A. NO. 2 OF 2020 IN R.C.P. NO. 51 OF 2020
Exhibit P19	TRUE COPY OF THE JUDGMENT DATED 20.07.2022 IN O.P. (RC) NO. 44 OF 2022 ON THE FILES OF THE HONORABLE HIGH COURT OF KERALA
Exhibit P20	TRUE COPY OF THE PETITION DATED 22.08.2022 IN R.C.P. NO. 51 OF 2020 ON THE FILES OF THE HONORABLE RENT CONTROLLER COURT, THRISSUR
Exhibit P21	THE RESPONDENTS PREFERRED A COUNTER AGAINST EXT.P20. TRUE COPY OF THE COUNTER DATED 25.08.2022 FILED BY THE 1ST RESPONDENT AGAINST EXT.P20
Exhibit P22	TRUE COPY OF THE ORDER DATED 15.09.2022 IN I.A. NO. 7 OF 2022 IN R.C.P. NO. 51 OF 2020 ON THE FILES OF THE HONORABLE RENT CONTROLLER COURT, THRISSUR
Exhibit P23	TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT IN I.A.
	NO. 3 OF 2022 IN O.P. (RC) NO. 44 OF 2022 ON THE FILES OF THE HONORABLE HIGH COURT OF KERALA
Exhibit P24	TRUE COPY OF THE UNDATED TABULATION SHOWING THE OFFICE RENT DETAILS FROM 01.05.2018 TO 31.10.2021 PREPARED BY THE PETITIONERS
Exhibit P25	TRUE COPY OF THE TREASURY SAVINGS BANK PAY IN SLIP, THRISSUR DISTRICT TREASURY, DATED 04.06.2022
Exhibit P26	TRUE COPY OF THE BANK STATEMENT FROM 26.08.2022 TO 26.08.2022 OF ACCOUNT NO. 50200016593167 OF HDFC BANK, M G

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OP(RC).213 of 2022

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ROAD, TRICHUR BRANCH Exhibit P27 TRUE COPY OF THE BANK STATEMENT FROM 12.09.2022 TO 12.09.2022 OF ACCOUNT NO. 50200016593167 OF HDFC BANK, M G ROAD, TRICHUR BRANCH Exhibit P28 TRUE COPY OF THE BANK STATEMENT FROM 19.10.2022 TO 19.10.2022 OF ACCOUNT NO. 50200016593167 OF HDFC BANK, M G ROAD, TRICHUR BRANCH

Caletal Developers Private Ltd.Represented by Managing Director Sri. Akash Anand v. Joy Joseph Chackalackal

Case brief

What is this about?

What did the court decide?

Caletal Developers Private Ltd.Represented by Managing Director Sri. Akash Anand v. Joy Joseph Chackalackal

Case brief

What is this about?

What did the court decide?

What the court decided

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