The High Court dismissed the original petition challenging an order on deficient stamp duty in RCP No.13/2022. The petitioner was granted liberty to raise contentions during the hearing in the lower court to avoid delay.
Liberty granted to the petitioner to urge all contentions regarding actual stamp duty payable during the hearing in the lower court.
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.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
OP (RC) NO. 118 OF 2023
AGAINST THE ORDER IN RCP 13/2022 OF RENT CONTROL COURT, VADAKKANCHERRY
PETITIONER/RESPONDENT IN RCP:
C C JOSE, AGED 71 YEARS S/O.LATE CHERAPPAN, RESIDING AT: CHEERAN HOUSE, PULLANIKKAD, WADAKANCHERRY VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN - 680582
BY ADVS. GIBI.C.GEORGE LATHA SUSAN CHERIAN
RESPONDENT/PETITIONERS IN RCP:
1 SARASWATHIAMMA , AGED 76 YEARS W/O.LATE GOPALAKRISHNAN NAIR, KUZHUPULLY HOUSE, WADAKANCHERRY VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN - 680582 2 SURESHKUMAR, AGED 56 YEARS S/O.LATE GOPALAKRISHNAN NAIR, KUZHUPULLY HOUSE, WADAKANCHERRY VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN - 680582 3 SHEELA, AGED 54 YEARS D/O.LATE GOPALAKRISHNAN NAIR, KUZHUPULLY HOUSE,
OP(RC)No.118 of 2023
2
WADAKANCHERRY VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN - 680582 4 SARALA, AGED 52 YEARS D/O.LATE GOPALAKRISHNAN NAIR, KUZHUPULLY HOUSE, WADAKANCHERRY VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN - 680582 5 SASIKALA, AGED 50 YEARS D/O.LATE GOPALAKRISHNAN NAIR, KUZHUPULLY HOUSE, WADAKANCHERRY VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN - 680582
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 02.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(RC)No.118 of 2023
3
A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
… ...................................................
OP(RC)No.118 of 2023
… ...........................................
Dated this the 2nd day of August, 2023
JUDGMENT
Mohammed Nias.C.P..J
The petitioner is the tenant/respondent in RCP No.13 of 2022 on the file of the Rent Control Court, Wadakkancherry. The petitioner challenges Ext.P8 order passed by the court below that did not consider his objection as regards the penalty to be paid for the deficient stamp duty for Ext.P3 agreement produced by the respondent herein before the court below. By the impugned order, the court below recorded that the respondent deposited ten times the deficient stamp duty marked the document in evidence and continued with the recording of evidence. Though notice before admission was issued by this Court, no order of stay was passed. We are of the view that it will be open to the petitioner to urge the issue of actual stamp duty payable during the hearing of the case, as we do not intend to keep this original petition pending before this Court, which will delay the proceedings
OP(RC)No.118 of 2023
4
before the lower court. Granting liberty to the petitioner to take up all contentions available to him under law, this original petition is dismissed.
Sd/- A.K. JAYASANKARAN NAMBIAR, JUDGE
Sd/-MOHAMMED NIAS C.P.,
JUDGE
dlk 2.8.2023
OP(RC)No.118 of 2023
5
APPENDIX OF OP (RC) 118/2023
PETITIONER'S EXHIBITS
| Exhibit P1 | COPY OF R.C.P.NO.13/2022 FILED BY THE RESPONDENTS BEFORE THE RENT CONTROL COURT, WADAKKANCHERRY |
|---|---|
| Exhibit P2 | COPY OF PROOF AFFIDAVIT FILED BY THE FIRST RESPONDENT BEFORE THE RENT CONTROL COURT, WADAKKANCHERRY |
| Exhibit P3 | COPY OF RENT AGREEMENT DATED 08-06-2008 |
| Exhibit P4 | COPY OF PROCEEDINGS DATED 07-06-2023 IN R.C.P.NO.13/2022 AVAILABLE IN E COURTS WEBSITE |
| Exhibit P5 | COPY OF PROCEEDINGS DATED 14-06-2023 IN R.C.P.NO.13/2022 AVAILABLE IN E COURTS WEBSITE |
| Exhibit P6 | COPY OF PROCEEDINGS DATED 16-06-2023 IN R.C.P.NO.13/2022 AVAILABLE IN E COURTS WEBSITE |
| Exhibit P7 | COPY OF PROCEEDINGS DATED 17-06-2023 IN R.C.P.NO.13/2022 AVAILABLE IN E COURTS WEBSITE |
| Exhibit P8 | COPY OF PROCEEDINGS/ ORDER DATED 19-06-2023 PASSED BY THE RENT CONTROL COURT, WADAKKANCHERRY IN R.C.P.NO.13/2022 |
| Exhibit P9 | COPY OF THE PROCEEDINGS IN R.C.P.NO.13/2022 ON THE FILE RENT CONTROL COURT, WADAKKANCHERRY (AS AVAILABLE IN ECOURTS WEBSITE) |
1 issue framed by the court
Whether the original petition challenging the Rent Control Court's order on stamp duty penalty should be dismissed with liberty to urge contentions later.
C C Jose
Saraswathiamma
Sureshkumar
Sheela
Sarala
Sasikala
A.K.Jayasankaran Nambiar
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
