Dismissed

K.T.Thomas v. Mariamma Joy John

Kerala HC4 Nov 2022RCRev./84/2022

Case brief

AI extract

What is this about?

This joint judgment by the High Court of Kerala disposed of connected Rent Control Revision petitions (No. 79/2022, 80/2022, 81/2022, 84/2022). The Court held that the Appellate Court was justified in setting aside the lower orders, as the landlords had established prima facie title, and dismissed the revision petitions.

What did the court decide?

Revision petitions No. 79/2022, 80/2022, 81/2022, and 84/2022 were dismissed.

K.T.Thomas Vs Mariamma Joy John — Civil Procedure and Limitation | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

¶5

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶6

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944
RCREV. NO. 79 OF 2022

¶7

AGAINST THE ORDERIA 1194/2018 IN RCP 4/2013 OF MUNSIFF
COURT,CHENGANNUR

¶8

RCA 2/2020 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA

¶9

PETITIONERS/RESPONDENTS – 3 & 4 / RESPONDENTS -3&4

¶10

1 SURESH

¶11

AGED 47 YEARS
S/O. LATE SUKUMARAN, KALATHARAYIL HOUSE, THITTAMEL
MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN 689
121.

¶12

2SUNIL,
AGED 42 YEARS
S/O. LATE SUKUMARAN, KALATHARAYIL HOUSE, THITTAMEL
MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN 689
121, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SURESH, AGED 47 YEARS, S/O. LATE. SUKUMARAN,
KALATHARAYIL HOUSE, THITTAMEL MURI, CHENGANNUR VILLAGE,
CHENGANNUR TALUK, PIN 689 121.
BY ADV N.ASHOK KUMAR

¶13

RESPONDENTS/APPELLANTS-1 TO 3 & RESPONDENTS – 5 / PETITIONERS –

¶14

2TO 4 & RESPONDENT - 5:

¶15

1MARIAMMA JOY JOHN
AGED 69 YEARS
W/O. LATE V. JOHN, OOZHATHIL HOUSE, (VELLORUZHATHIL),
VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR
TALUK, PIN 689 121.

¶16

2 SHERLY JOHN, AGED 42 YEARS

¶17

D/O. LATE V.J. JOHN, OOZHATHIL HOUSE, (VELLOORUZHATHIL)
VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR
TALUK, PIN 689 121, REPRESENTED BY POWER OF ATTORNEY
HOLDER, MARIAMMA JOY JOHN, AGED 69 YEARS, W/O. LATE V.
J. JOHN, OOZHATHIL HOUSE, (VELLORUZHATHIL), VAZHAR
MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK,
PIN 689 121.

¶18

R.C. Rev. No. 79/2022 & cons.

¶19

¶20

3DAVIS JOHN,
AGED 40 YEARS
S/O. LATE V. J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL) VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN 689 121, REPRESENTED
BY POWER OF ATTORNEY HOLDER, MARIAMMA JOY JOHN,
AGED 69 YEARS, W/O. LATE V.J. JOHN, OOZHATHIL
HOUSE, (VELLORUZHATHIL), VAZHAR MANGALAM MURI,
CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN 689 121.
4SHERIN JOHN,
AGED 37 YEARS
S/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLORUZHATHIL) VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN 689 121, NOW AT
CENTRAL JAIL, C/O. CENTRAL JAIL SUPERINTENDENT ,
POOJAPPURA, THIRUVANANTHAPURAM, PIN 695 012.
BY ADVS.
P.HARIDAS (CAVEATOR)
P.HARIDAS
R.V.SREEJITH
P.C.SHIJIN
SHIJIMOL M.MATHEW
BIJU HARIHARAN
RISHIKESH HARIDAS

¶21

THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 04.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶22

R.C. Rev. No. 79/2022 & cons.

¶23

¶24

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶25

PRESENT

¶26

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶27

¶28

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶29

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶30

RCREV. NO. 81 OF 2022

¶31

AGAINST THE ORDERIA 1187/2018 IN RCP 1/2013 OF MUNSIFF
COURT,CHENGANNUR

¶32

RCA 5/2020 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA

¶33

PETITIONERS/RESPONDENTS – 1 &2/RESPONDENTS – 1 & 2:

¶34

1 MARIAMMA SAMUEL

¶35

AGED 78 YEARS

¶36

W/O.T.T. THOMAS, KAIPPALLIMADAM PEEDIKAYIL HOUSE,
KEEZHCHERI MURI, CHENGANNUR VILLAGE, CHENGANNUR
TALUK, PIN - 689121.

¶37

2ANIYAN
AGED 57 YEARS

¶38

S/O. MARIAMMA SAMUEL, KAIPPALLIMADAM PEEDIKAYIL
HOUSE, KEEZHCHERI MURI, CHENGANNUR VILLAGE,
CHENGANNUR TALUK, PIN - 689121.

¶39

BY ADV N.ASHOK KUMAR

¶40

RESPONDENTS/APPELLANTS-1 TO 3 & RESPONDENTS – 3/PETITIONERS-2

¶41

TO 4 & RESPONDENT-3:

¶42

1MARIYAMMA JOY JOHN
W/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN - 689121.

¶43

2 SHERLY JOHN AGED 42 YEARS D/O. LATE V.J. JOHN, OOZHATHIL HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN - 689121. REPRESENTED BY POWER OF ATTORNEY HOLDER MARIAMMA JOY JOHN, AGED 69 YEARS, W/O. LATE V.J. JOHN, OOZHATHIL HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM

¶44

R.C. Rev. No. 79/2022 & cons.

¶45

¶46

MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN -
689121.
3DAVIS JOHN
AGED 40 YEARS
S/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN - 689121.
REPRESENTED BY POWER OF ATTORNEY HOLDER MARIAMMA
JOY JOHN, AGED 69 YEARS, W/O. LATE V.J. JOHN,
OOZHATHIL HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM
MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN -
689121.
4SHERIN JOHN
AGED 37 YEARS
S/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN - 689121.
NOW AT CENTRAL JAIL, C/O. CENTRAL JAIL
SUPERINTENDENT, POOJAPPURA, THIRUVANANTHAPURAM, PIN
- 695012.
BY ADVS.
P.HARIDAS
R.V.SREEJITH
SHIJIMOL M.MATHEW
BIJU HARIHARAN
P.C.SHIJIN
RISHIKESH HARIDAS

¶47

THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH RCRev..79/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶48

R.C. Rev. No. 79/2022 & cons.

¶49

¶50

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶51

PRESENT

¶52

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶53

¶54

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶55

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶56

RCREV. NO. 84 OF 2022

¶57

AGAINST THE ORDER/JUDGMENTRCP 3/2013 OF MUNSIFF

¶58

COURT,CHENGANNUR

¶59

RCA 3/2020 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA

¶60

REVISION PETITIONER/RESPONDENT - 1/RESPONDENT-1:

¶61

K.T.THOMAS

¶62

AGED 67 YEARS

¶63

S/O. K.G.THOMAS KADAKKETHU HOUSE, ANGADICAL MURI
CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN-689121.
BY ADV N.ASHOK KUMAR

¶64

RESPONDENTS/APPELLANTS-1 TO 3 & RESPONDENT -2 /PETITIONERS – 2 TO 4 & RESPONDENT-2:

¶65

1 MARIAMMA JOY JOHN,

¶66

W/O. LATE. V.J.JOHN, OOZHATHIL HOUSE (VELLOORUZHATHIL) VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN-689121.

¶67

2 SHERLY JOHN,

¶68

AGED ABOUT 42 YEARS, D/O. LATE.V.J.JOHN OOZHATHIL HOUSE (VELLOORUZHATHIL) VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN-689121, REPRESENTED BY POWER OF ATTORNEY HOLDER, MARIAMMA JOY JOHN, AGED 69 YEARS, W/O. LATE.V.J.JOHN, OOZHATHIL HOUSE,(VELLOORUZHATHIL) VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE CHENGANNUR TALUK, PIN689121.

¶69

3 DAVIS JOHN,

¶70

AGED ABOUT 40 YEARS, S/O. LATE.V.J.JOHN OOZHATHIL HOUSE (VELLOORUZHATHIL) VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN-689121, REPRESENTED BY POWER OF ATTORNEY HOLDER, MARIAMMA

¶71

R.C. Rev. No. 79/2022 & cons.

¶72

¶73

JOY JOHN, AGED 69 YEARS, W/O. LATE.V.J.JOHN,
OOZHATHIL HOUSE VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE CHENGANNUR TALUK, PIN-689121.
4SHERIN JOHN,
AGED ABOUT 37 YEARS, S/O. LATE.V.J.JOHN OOZHATHIL
HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM MURI,
CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN-689121,
NOW AT CENTRAL JAIL, C/O. CENTRAL JAIL
SUPERINTENDENT, POOJAPPURA, THIRUVANANTHAPURAM, PIN
- 695012.
BY ADVS.
P.HARIDAS
R.V.SREEJITH
P.C.SHIJIN
SHIJIMOL M.MATHEW
BIJU HARIHARAN
RISHIKESH HARIDAS

¶74

THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH RCRev..79/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶75

R.C. Rev. No. 79/2022 & cons.

¶76

¶77

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶78

PRESENT

¶79

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶80

¶81

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶82

FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

¶83

RCREV. NO. 80 OF 2022

¶84

AGAINST THE ORDERIA 1190/2018 IN RCP 2/2013 OF MUNSIFF

¶85

COURT,CHENGANNUR

¶86

RCA 4/2020 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA

¶87

REVISION PETITIONERS/RESPONDENT 1 & 3/ RESPONDENTS 1 & 3:

¶88

1PONNAPPAN PILLAI
AGED 80 YEARS
S/O. THAMPI PILLAI, GOVINDAVILASOM HOUSE,
KEEZHCHERIMEL MURI, CHENGANNUR VILLAGE, CHENGANNUR
TALUK, PIN - 689121.

¶89

2RAJENDRAN,
AGED 52 YEARS
S/O. PONNAPPAN PILLAI, THATTARATHU HOUSE, THALAYUR
MURI, KUTTOOR VILLAGE, THIRUVALLA TALUK, PIN -
689106.
BY ADV N.ASHOK KUMAR

¶90

RESPONDENTS/APPELLANTS – 1 TO 3 & RESPONDENT – 4 /

¶91

PETITIONERS- 2 TO 4 & RESPONDENT -4:

¶92

1MARIAMMA JOY JOHN
AGED 69 YEARS
W/O. V.J. JOHN, D/O. LATE V.J. JOHN, OOZHATHIL
HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM MURI,
CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN - 689121.
2SHERLY JOHN
AGED 42 YEARS
D/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN - 689121.
REPRESENTED BY POWER OF ATTORNEY HOLDER MARIAMMA
JOY JOHN, AGED 69 YEARS, W/O. LATE V.J. JOHN,

¶93

R.C. Rev. No. 79/2022 & cons.

¶94

¶95

OOZHATHIL HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM
MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN -
689121.
3DAVIS JOHN,
AGED 40 YEARS
S/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN - 689121.
REPRESENTED BY POWER OF ATTORNEY HOLDER MARIAMMA
JOY JOHN, AGED 69 YEARS, W/O. LATE V.J. JOHN,
OOZHATHIL HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM
MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN -
689121.
4SHERIN JOHN,
AGED 37 YEARS
S/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN - 689121. NOW AT
CENTRAL JAIL, C/O. CENTRAL JAIL SUPERINTENDENT,
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012.
BY ADVS.
P.HARIDAS
R.V.SREEJITH
SHIJIMOL M.MATHEW
BIJU HARIHARAN
P.C.SHIJIN
RISHIKESH HARIDAS

¶96

THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH RCRev..79/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶97

R.C. Rev. No. 79/2022 & cons.

¶98

¶99

[RC.Rev. Nos.79/2022,80/2022,81/2022,84/2022]

¶100

Dated this the 04^th day of November, 2022

¶101

JUDGMENT

¶102

A. MUHAMED MUSTAQUE, J.

¶103

The dispute regarding the title raised by the tenant in Rent Control Petition, resulted to this proceeding. The Rent Controller upheld the objection of the revision petitioners. On appeal filed by the petitioner for evictions, the appellate authority overturned the findings and found that petitioners have title. This is how, the respondents in the Rent Control Petition for evictions, have come up before us.

¶104

Heard learned counsel for the parties.

¶105

The question is related to the bonafide denial of title or not. The petitioners in the eviction petition had obtained the title from one Bhargavi Amma. There were suits at the instance of the tenant, the respondents in the Rent Control Petition, who are the revision petitioners herein, against Bhargavi Amma. In that suit, a claim was raised in fixity of tenure and not to evict them otherwise than due process of law. In those suits itself, the present revision petitioners have acknowledged the title of the property to Bhargavi Amma. The Appellate Court relied on the judgments in the matter regarding title of the Bhargavi Amma. Now going by

¶106

R.C. Rev. No. 79/2022 & cons.

¶107

¶108

the finding in Ext. A15, A19, A23, A27 and as well as B series B28, B33 as well as judgments produced in the appellate stage marked as Ext. A47 would show that the title of Bhargavi Amma was never in dispute. The rest of the matter can be decided in the Rent Control petition based on the evidence to be adduced by the parties. The finding of facts now so rendered by the Appellate Court, need not require any further review by this court, invoking revisional power.

¶109

We are of the view that the present petitioners in Rent Control Petition are able to establish prima facie title to their property and building and the Appellate Court is justified in setting aside the order in Rent Controller. Accordingly, the revision petitions are dismissed. No costs.

¶110

Sd/A. MUHAMED MUSTAQUE, JUDGE

¶111

Sd/SHOBA ANNAMMA EAPEN, JUDGE

¶112

san

K.T.Thomas v. Mariamma Joy John

Case brief

What is this about?

What did the court decide?

K.T.Thomas v. Mariamma Joy John

Case brief

What is this about?

What did the court decide?

What the court decided

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