The High Court directed the Rent Control Court, Kanjirappally, to dispose of Rent Control Petition No.6/2021 within three months. Notice to respondents was dispensed with as the court found the matter ripe for disposal and unnecessary delay citing Section 24 of the Act.
Directed the Rent Control Court to dispose of R.C.P. No.6/2021 within three months.
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. 238 OF 2022
RCP 6/2021 OF RENT CONTROL COURT (MUNSIFF COURT),
KANJIRAPPALLY
PETITIONER/PETITIONER:
AJESH.V.BABY, AGED 36 YEARS S/O. BABY STEPHEN, VADAKKEKUZHIKKATTIL HOUSE, AMARAVATHY KARA, KUMILY VILLAGE, PEERMADE TALUK,IDUKKIDISTRICT, PIN - 685509
BY ADVS. G.HARIHARAN SHINE VARGHESE PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR GENTLE C.D.
RESPONDENTS/COUNTER PETITIONER:
1 LISAMMA MOHAN, W/O (LATE) MOHAN VARGHESE @ JOHN, AGED 43 YEARS, CHIRAYILPARAMBIL HOUSE, PAINGANA BHAGAM, MUNDAKAYAM VILLAGE, KANJIRAPPALLY TALUK,KOTTAYAM DISTRICT, PIN - 686506
..2..
OP (RC) NO. 238 OF 2022
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 13.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
..3..
OP (RC) NO. 238 OF 2022
JUDGMENT
SHOBA ANNAMMA EAPEN, J.
The petitioner herein is the petitioner/ landlord in R.C.P. No.6/2021 on the files of the Rent Control Court, Kanjirappally and the
respondents herein are the respondents/tenants. This OP(RC) has been filed for a direction to the Rent Control Court, Kanjirappally to dispose of R.C.P. No.6/2021 in a time bound manner.
petitioner. Having considered the nature of the order proposed to be passed, notice to the respondents is dispensed with.
SRO, Kanjirappally. Sri.Mohan Varghese, who was the husband of the 1st respondent and the father
of respondents 2 & 3, was a tenant of the
building belonging to the petitioner/landlord.
OP (RC) NO. 238 OF 2022
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Sri.Mohan Varghese died intestate and his legal
heirs continued possession of the petition
schedule building. The request of the petitioner/landlord to the respondents to
surrender vacant possession of the petition schedule building was objected by the respondents and hence, the petitioner/landlord filed O.S. No.285/2015 on the files of the Munsiff Court, Kanjirappally. The respondents appeared in the suit and on 22.07.2021, the Munsiff's Court, Kanjirappally, dismissed the suit, stating that the remedy of the petitioner/landlord is to approach the Rent Control Court. Thereafter, the petitioner/landlord filed R.C.P. No.6/2011 on the files of the Rent Control Court, Kanjirappally, on 07.09.2021 under Section 11(2) & 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965
(for short, “the Act”). Though respondents entered appearance and respondents 2 & 3 filed objection, the 1st respondent sought time to file
OP (RC) NO. 238 OF 2022
objection.
petitioner/landlord submits that the matter is being unnecessarily dragged before the court below and due to the non disposal of the rent control petition, the petitioner/landlord is put to irreparable injury and hardships.
and respondents 2 & 3 have already filed objections in the rent control petition and it is ripe for disposal. Hence, in order to meet the ends of justice, we are of the opinion that a direction can be given to the Rent Control Court,
OP (RC) NO. 238 OF 2022
Kanjirappally to dispose of the rent control petition in a time bound manner.
The O.P.(RC) is disposed of, as above. The
petitioner shall serve a copy of this judgment to the respondents.
Sd/-
A. MUHAMED MUSTAQUE JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
OP (RC) NO. 238 OF 2022
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APPENDIX OF OP (RC) 238/2022
PETITIONER EXHIBITS
| Exhibit P1 | A TRUE COPY OF THE JUDGMENT MADE IN O.P.(C) NO.1509/2017 BY THIS HON'BLE HIGH COURT OF KERALA ON 12.04.2017 |
|---|---|
| Exhibit P2 | A TRUE COPY OF THE JUDGMENT PASSED BY THE MUNSIFF COURT, KANJIRAPPALLY IN O.S. NO.285/2015 ON 22.07.2021 |
| Exhibit P3 | A TRUE COPY OF THE PETITION FILED U/S 11(2) AND 11(3) OF THE KERALA BUILDINGS (LEASE AND RENT CONTROL) ACT, 1965 AS R.C.P. NO.6/2021 ON 07.09.2021 BEFORE THE RENT CONTROL COURT AT KANJIRAPALLY |
| Exhibit P4 | A TRUE COPY OF THE OBJECTION FIELD BY THE 2ND RESPONDENT IN CONNECTION WITH RCP.NO.6/2021 BEFORE THE RENT CONTROL COURT, KANJIRAPPALLY |
| Exhibit P5 | A TRUE COPY OF COUNTER STATEMENT FILED ON BEHALF OF THE 3RD RESPONDENT |
| Exhibit P6 | A TRUE COPY OF THE CASE STATUS IN CONNECTION WITH R.C.P NO.6/2021 FILED BEFORE THE HON'BLE RENT CONTROL COURT AT KANJIRAPPALLY |
2 issues framed by the court
Whether the Rent Control Court was directed to dispose of the rent control petition within a time-bound period.
The suitability of dispensing with notice to respondents for passing the order under this original petition.
2 provisions across 1 enactments
Ajesh.V.Baby
Lisamma Mohan
Shiha Mohan
Shina Mohan
A.Muhammed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
