Allowed

Lissy Shaji, v. A.V. Rajan

Kerala HC11 Aug 2023OP (RC)/123/2023

Case brief

AI extract

What is this about?

The High Court allowed an original petition filed by a tenant challenging an ex-parte eviction order. The Court directed the applications to set aside the ex-parte order and condone delay be allowed, conditional upon the tenant paying all arrears of rent to the landlords within two weeks, pending the hearing of the petition on merits.

What did the court decide?

Applications to set aside ex-parte order and condone delay allowed conditionally; tenant must pay arrears of rent within two weeks.

Lissy Shaji, Vs A.V. Rajan — Execution and Attachment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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FRIDAY, THE 11^TH DAY OF AUGUST 2023 / 20TH SRAVANA, 1945

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OP (RC) NO. 123 OF 2023

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AGAINST THE ORDER/JUDGMENT IN RCP 69/2020 OF RENT CONTROL

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COURT/I ADDITIONAL MUNSIFF COURT ,THRISSUR

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EP 1093/2021 OF PRINCIPAL MUNSIFF COURT,THRISSUR

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PETITIONER/JUDGMENT DEBTOR/RESPONDENT:

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LISSY SHAJI, AGED 53 YEARS W/O LATE P.C. SHAJI PONNORE, PONNORE HOUSE, NEAR MOOSPET ROAD, CHEMBUKKAVU P O, THRISSUR DISTRICT - 680010

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BY ADVS. K.M.MUHAMMED HUSSAIN T.K.VIPINDAS

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RESPONDENTS/DECREEHOLDERS/PETITIONERS:

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1 A.V. RAJAN, AGED 62 YEARS S/O ARANGOTTUKARA VENKITACHALAM IYYER , THIRUVAMBADI P O,PATTURAIKKAL DESOM THRISSUR DISTRICT - 680005

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2 ABRAHA CHERIYAN, AGED 61 YEARS S/O THOPPIL ABRAHAM, OTTAPPALAM P.O, PALAKKAD DISTRICT, PIN - 679101

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3 C.R.DAVIS,AGED 58 YEARS,S/O CHITTILAPPILLY RAPPAI, CHOOLISSERY P O, CHOOLISSERY VILLAGE, DESAM, THRISSUR DISTRICT, PIN - 680541

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BY ADVS. ALEX ABRAHAM C.C.ABRAHAM(K/000110/1989) NIKHIL RAJ(K/002846/2022)

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON

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11.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(RC)123 of 2023

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DR.A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ

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................................................................................

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OP(RC)No.123 of 2023

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...................................................

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Dated this the 11^th day of August, 2023

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JUDGMENT

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Mohammed Nias.C.P..J

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This original petition is preferred by the tenant/respondent in RCP No. 69 of 2020 on the file of the Rent Controller, Thrissur. The Rent Control Petition was instituted by the respondent herein under Section 11(2)(b) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act), 1965.

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The petitioners were set ex-parte by order dated 20.2.2021. The landlord filed EP No.1093 of 2021 before the Munsiff Court for executon of the exparte order of eviction, to which the petitioner herein filed objection. An application was also filed to defer the execution proceedings till orders were passed in his application seeking to set aside the ex-parte order, Ext.P6, along with an application, Ext.P7, to condone the delay in applying for the same. The Execution Court, notwithstanding the above applications, ordered delivery. The present original petition seeks for a direction to the Rent Control Court to consider and pass orders

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OP(RC)123 of 2023

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on Exts.P6 and P7 applications and till then to defer Ext.P2 execution petition.

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We have heard Sri. K.M.Muhammed Hussain and Sri.T.K.Vipindas, the learned counsel appearing for the petitioner as well as Sri.Alex Abraham, the learned counsel for the respondent.

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Having heard the learned counsel on either side, we are of the view that it will be in the interest of both sides that the matter is heard on merits. Accordingly, Exts.P6 and P7 applications will stand allowed on condition that the petitioner herein pays to the landlord the entire arrears of rent up to date within two weeks from today. On the petitioner remitting the same, the Rent Control Court will proceed with the matter on merits and in accordance with law. Needless to say, in the event of the tenant defaulting the condition imposed above, the Execution Court will be free to proceed in accordance with law.

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The OP(RC) is allowed as above.

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Sd/-DR.A.K. JAYASANKARAN NAMBIAR,

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JUDGE

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Sd/-MOHAMMED NIAS C.P.

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JUDGE

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dlk 11.8.2023

Lissy Shaji, v. A.V. Rajan

Case brief

What is this about?

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Lissy Shaji, v. A.V. Rajan

Case brief

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