A tenant petitioner under Article 227 directed the Rent Control Court to consider specific petitions within a time frame. The court dismissed the original petition as withdrawn after the petitioner's counsel submitted that delivery was deferred and prosecution was no longer desired.
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.
O.P.(RC)No.137 of 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
OP (RC) NO. 137 OF 2023
CONSIDERATION OF EP 23/2023 OF PRINCIPAL MUNSIFF, ALAPPUZHA
PETITIONER:
JOJO M,
AGED 30 YEARS
S/O.JOSEPH M.V, MADACHIKAN HOUSE, AVALOORKUNNU
PO, ALAPPUZHA DISTRICT, PIN - 688006
BY ADVS.
ARUN MATHEW VADAKKAN
N.CHERIAN KURIAN
STEFFY V.J.
K.X.JOSEPH
JOHNY K. JOHN
RESPONDENTS:
SASIDHARAN NAIR C.R
AGED 77 YEARS
S/O RAMAKRISHNA PILLAI, RAMAPURATHU HOUSE,
KAITHAVANA PO, ALAPPUZHA DISTRICT,, PIN - 688524
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(RC)No.137 of 2023
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JUDGMENT
Anil K. Narendran, J .
The petitioner is the respondent-tenant in R.C.P.No.16 of 2021 on the file of the Rent Control Court (Munsiff's Court), Alappuzha, a petition filed by the respondent-landlord under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the tenant from the petition schedule building. In that Rent Control Petition, the respondentlandlord filed I.A.No.1 of 2021, invoking the provisions under Section 12 of the Act, seeking an order directing the tenant to deposit the admitted arrears of rent. In that interlocutory application, the Rent Control Court passed an order dated 04.11.2022 under Section 12(1) of the Act, which was followed by an order dated 05.01.2023 under Section 12(3) of the Act, whereby the tenant was directed to surrender the vacant possession of the petition schedule building to the landlord. Feeling aggrieved, the petitioner preferred R.C.A.No.12 of 2023 before the Rent Control Court, Alappuzha. During the pendency of that appeal, the landlord filed E.P.No.23 of 2023 in which delivery was ordered.
The petitioner has filed this original petition, invoking the
O.P.(RC)No.137 of 2023
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supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Rent Control Court, Alappuzha to consider Exts.P9 and P10 petitions within a time frame to be fixed by this Court.
the learned counsel for the petitioner would submit that, since the execution court has deferred delivery in E.P.No.23 of 2023 on account of the pendency of Exts.P9 and P10 petitions, the petitioner do not want to prosecute this original petition and the same may be dismissed as withdrawn.
Recording the aforesaid submission made by the learned counsel for the petitioner, this original petition is dismissed as withdrawn.
Sd/-
ANIL K. NARENDRAN JUDGE
Sd/- P.G. AJITHKUMAR JUDGE
yd
O.P.(RC)No.137 of 2023
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APPENDIX OF OP (RC) 137/2023
PETITIONER EXHIBITS
Exhibit P1 |
TRUE COPY OF THERENT CONTROL COUR22.6.2021 |
R.C.P.NO.16/2021 OFT, ALAPPUZHA DATED |
|---|---|---|
Exhibit P2 |
TRUE COPY OF THER.C.P.NO.16/2021ALAPPUZHA DATED 5 |
OBJECTION INOF RENT CONTROL COURT,.7.2022 |
Exhibit P3 |
TRUE COPY OF THER.C.P.NO.16/2021ALAPPUZHA DATED 2 |
I.A.NO.1/2021 INOF RENT CONTROL COURT,7.11.2021 |
Exhibit P4 |
TRUE COPY OF THEI.A.NO.1/2021 INRENT CONTROL COUR5.7.2022 |
OBJECTION INR.C.P.NO.16/2021 OFT, ALAPPUZHA DATED |
Exhibit P5 |
TRUE COPY OF THEIN I.A.NO.1/2021RENT CONTROL COUR |
ORDER DATED 04.11.2022IN R.C.P.NO.16/2021 OFT, ALAPPUZHA |
Exhibit P6 |
TRUE COPY OF THEIN R.C.P.NO.16/20COURT, ALAPPUZHA |
ORDER DATED 05.01.202321 OF RENT CONTROL |
Exhibit P7 |
TRUE COPY OF THEBEFORE THE RENT CAUTHORITY DATED 2 |
R.C.A.NO.12/2023 FILEDONTROL APPELLATE.3.2023 |
Exhibit P8 |
TRUE COPY OF THER.C.P.NO.16/2021MUNSIFF'S COURT A |
E.P.23/2023 INFILED BEFORE THELAPUZHA |
Exhibit P9 |
TRUE COPY OF PETIFILED BEFORE THE |
TION IN E.P.23/2023MUNSIFF'S COURT |
Exhibit P10 |
TRUE COPY OF REVIE.P.23/2023 IN R.BEFORE THE MUNSIF29.7.2023 |
EW PETITION INC.P.NO.16/2021 FILEDF'S COURT, ALAPPUZHA ON |
3 provisions across 2 enactments
Jojo M
Sasidharan Nair C.R
Anil K. Narendran
P. G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court