Partly allowed

Alayatt Khader v. Kassim Vellavoor

Kerala HC1 Nov 2022OP (RC)/32/2021

Case brief

AI extract

What is this about?

This original rent control petition allowed the petitioner to examine a third party purchaser of a half share, despite the Rent Controller dismissing an amendment seeking to ratify the sale after trial commenced. The original rent control petition was dismissed.

What did the court decide?

Allowed examination of the third party purchaser who purchased half share; dismissed original petition.

Alayatt Khader Vs Kassim Vellavoor — 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 TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA,

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1944

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OP (RC) NO. 32 OF 2021

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AGAINST THE ORDER/JUDGMENT IN RCP 162/2016 OF MUNSIFF COURT, THALASSERY

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PETITIONER/PETITIONER:

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ALAYATT KHADER, AGED 52 YEARS, S/O ABOOBACKER, BUSINESS, RESIDING AT ALAYATT HOUSE, PERINGATHOOR AMSOM, PULLUKKARA DESOM, P.O.PULLOOKKARA, THALASSERY, KANNUR DISTRICT, PIN-670 672.

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BY ADV ASHWIN SATHYANATH

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RESPONDENT/RESPONDENT:

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KASSIM VELLAVOOR, S/O ABDULLA HAJI, BUSINESS, RESIDING AT VELLAVOOR HOUSE, CHOKLI AMSOM, MENAPRAM DESOM P.O.MEKKUNNU, KANNUR, PIN-670 675.

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THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON 01.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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..2..

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OP (RC) NO. 32 OF 2021

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J U D G M E N T

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A. Muhamed Mustaque, J

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The petitioner herein is the petitioner in

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RCP No.162 of 2016 on the file of the Rent

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Controller, Thalassery. The eviction petition was filed on the ground of bona fide need of the petitioner's father, who wants to start a textile business in the petition schedule building. The trial commenced in the matter. The petitioner sought an amendment. The amendment was to the

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effect that the petitioner sold half share to the

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3^rd party and the 3^rd party has no objection in

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continuing the Rent Control Petition.

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The Rent Control Court, by a detailed

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order, dismissed the application. This was noting the fact that trial in the matter has

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already been commenced and the amendment was

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sought after the commencement of trial and the

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OP (RC) NO. 32 OF 2021

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..3..

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same cannot be allowed as there was no due diligence.

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We have gone through the order and we find no error in the order. The aspect now attempted to be brought through amendment is a matter that can be brought by examining the witness concerned and

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it is not a matter which requires an amendment of

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pleadings. There is no illegality or jurisdictional error committed by the Rent Controller. However, we allow the petitioner to examine the 3^rd party, who purchased the half share of the property. The original petition is dismissed. The registry shall communicate this

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order to the Rent Controller, Thalassery.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN

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JUDGE

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OP (RC) NO. 32 OF 2021

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..4..

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APPENDIX OF OP (RC) 32/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE PETITION R.C.P NO 162/2016 DATED 13.10.2016 FILED BEFORE THE RENT CONTROLLER/MUNSIFF, THALASSERY
EXHIBIT P2	TRUE COPY OF THE COUNTER FILED BY THE RESPONDENT/TENANT DATED 26.5.2017 IN R.C.P NO 162/2016 BEFORE THE RENT CONTROLLER/MUNSIFF, THALASSERY.
EXHIBIT P3	TRUE COPY OF THE AFFIDAVIT DATED 9.6.2020 FILED BY THE PETITIONER ON 14.9.2020 BEFORE THE RENT CONTROLLER IN R.C.P 162/2016
EXHIBIT P4	TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER DATED 5.10.2020 ISSUED BY THE CENTRE FOR HEART AND VASCULAR CARE, DEPARTMENT OF CARDIOLOGY, MEITRA HOSPITAL, CALICUT
EXHIBIT P5	TRUE COPY OF THE DISCHARGE SUMMARY DATED 28.10.2020 ISSUED BY DEPARTMENT OF GENERAL SURGERY, MEITRA HOSPITAL, CALICUT
EXHIBIT P6	TRUE COPY OF THE AFFIDAVIT DATED 20.1.2021 IN IA NO 6/2021 IN R.C.P NO 162/2016 BEFORE THE RENT CONTROLLER/ MUNSIFF. THALASSERY
EXHIBIT P7	TRUE COPY OF THE COUNTER DATED 28.1.2021 FILED BY RESPONDENT/TENANT IN IA NO 6/2021 IN RCP NO 162/2016 BEFORE RENT CONTROLLER/MUNSIFF, THALASSERY
EXHIBIT P8	TRUE COPY OF THE ORDER DATED 4.2.2021 IN IA NO 6/2020 IN R.C.P NO 162/2016

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OP (RC) NO. 32 OF 2021

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..5..

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PASSED BY THE RENT CONTROLLER/MUNSIFF, THALASSERY

Alayatt Khader v. Kassim Vellavoor

Case brief

What is this about?

What did the court decide?

Alayatt Khader v. Kassim Vellavoor

Case brief

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What did the court decide?

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