The High Court of Kerala allowed a tenant to carry out shop repairs in an protected tenancy without claiming reimbursement, directing the Accommodation Controller to facilitate the work.
Allowed the petitioner-tenant to carry out repairs without claiming reimbursement; directed the Tahsildar to facilitate the work.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 13TH DAY OF DECEMBER 2022 / 22ND AGRAHAYANA,
1944
OP (RC) NO. 218 OF 2022
AGAINST THE ORDER DATED 16.03.2022 OF ACCOMMODATION CONTROLLER & TAHSILDAR, KOYILANDY IN PROCEEDINGS U/S.17 OF THE KERALA BUILDINGS (LEASE AND RENT CONTROL) ACT 1965 PETITIONER/PETITIONER:
KUZHIKANDATHIL KARUNAKARAKURUP, AGED 59 YEARS, BALUSSERY AMSOM, PUTHURVATTAM DESOM, KOYILANDY TALUK, KOZHIKKODE DISTRICT-673 312.
BY ADVS. SANTHARAM.P REKHA ARAVIND P.G.GOKULNATH
RESPONDENTS/ACCOMMODATION CONTROLLER & RESPONDENT:
BY ADVS. M.PROMODH KUMAR MAYA CHANDRAN(K/2573/1999)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 13.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (RC) NO. 218 OF 2022
J U D G M E N T
A. Muhamed Mustaque, J
The tenant is before us. His prayer in this
original petition is to enforce the order of the Accommodation Controller directing the landlord to carry out required repairs/maintenance in the
shop room. We note the rent payable by the tenant is Rs.22.50/- per month. The landlord perhaps is reluctant to carry out the repairs taking note of the fact that he will never get the benefit of money which has to be spent for carrying out the repairs.
submits that he will carry out the repairs
without claiming any reimbursement as ordered by
the Accommodation Controller. If that be so, we
allow the petitioner-tenant to carry out the
repairs in the light of Ext.P5 order passed by
OP (RC) NO. 218 OF 2022
the Accommodation Controller without there being
a claim for reimbursement. The Tahsildar shall facilitate the petitioner-tenant to carry out such repairs as mentioned in Ext.P5 order. The tenant is only entitled to carry out those repairs as mentioned in Ext.P5 order and nothing else.
This original petition is disposed of as above.
Sd/A.MUHAMED MUSTAQUE JUDGE
Sd/-
SHOBA ANNAMMA EAPEN JUDGE
PR
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OP (RC) NO. 218 OF 2022
APPENDIX OF OP (RC) 218/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGEMENT DATED 21.03.2022 IN O S 70/2018 ON THE FILES OF THE MUNSIFFF COURT, KOYILANDY Exhibit P2 TRUE COPY OF THE ORDER DATED 21.03.2022 IN RCP NO.34/2018 ON THE FILE OF THE RENT CONTROLLER/MUNSIFF, KOYILANDY Exhibit P3 TRUE COPY OF THE PETITION FILED BEFORE THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE COUNTER FILED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE ORDER DATED 16/03/2022 IN TLK KDY/1593/2021-D3 Exhibit P6 TRUE COPY OF THE NOTICE DATED 06.04.2022 Exhibit P7 TRUE COPY OF THE REPLY DATED 20.04.2022 Exhibit P8 TRUE COPY OF THE PETITION DATED 19.04.2022 FILED BEFORE THE 1ST RESPONDENT
Kuzhikandathil Karunakarakurup
Accommodation Controller and Tahsildar, Koyilandy
Thekketheyyathamkandi Bhaskaran
A.Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
