Remanded

Sherin.a.M. v. M/S. South India Surgical Company Limited

Kerala HC11 Aug 2023OP (RC)/29/2023

Case brief

AI extract

What is this about?

Tenants filing original petition against Rent Control order admitting previous admissions in lower court; High Court refuses to examine merits, permits review with condition of depositing arrears and defers further proceedings under Section 12 of the Act.

What did the court decide?

Tenants permitted to file review within two weeks with arrear deposit; further proceedings under Section 12 deferred till orders passed.

Sherin.a.M. Vs M/S. South India Surgical Company Limited — Landlord and Tenant | Kerala HC (2023)

¶1

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

¶4

¶5

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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

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OP (RC) NO. 29 OF 2023

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AGAINST THE ORDER IN IA NO.2 OF 2022 IN RCP 25/2021 OF RENT CONTROL

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COURT, THIRUVANANTHAPURAM

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PETITIONERS/RESPONDENTS/RESPONDENTS:

¶11

1SHERIN.A.M., AGED 49 YEARS
W/O N SHAMNATH, PROPRIETRIX, M/S. TOP CLASSES MATTAPPALLY
HOUSE, NILAMEL POST, KOLLAM DISTRICT,KERALA 691535 AND AT TC
2/1085-7,PAZHAYA ROAD, OPPOSITE CANARA BANK,
MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PIN - 695011
2N.SHAMNATH, AGED 60 YEARS
S/O NOOHUKANNU, MATTAPPALLY HOUSE,
NILAMEL POST, KOLLAM DISTRICT,KERALA - 691535
BY ADVS.
K.M.FIROZ
DIPU JAMES
M.SHAJNA

¶12

RESPONDENT/PETITIONER/PETITIONER:

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M/S. SOUTH INDIA SURGICAL COMPANY LIMITED
HAVING ITS OFFICE AT 850, MOUNT ROAD,CHENNAI - 600032,
A COMPANY REGISTERED UNDER THE COMPANIES ACT AND IS
REPRESENTED BY ITS AUTHORIZED PERSON MOHIT BAJAJ, AGED
38,S/O ASHOK BAJAJ, HAVING ITS OFFICE AT MODULE29,
2ND FLOOR, DIDCO ELECTRONICS COMPLEX, THIRU VI KA INDUSTRIAL
ESTATE,GUINDY, CHENNAI-, PIN - 600032

¶14

BY ADVS.
R.S.KALKURA
M.S.KALESH(K-275)
HARISH GOPINATH(K/232/1999)
SILPA S.(K/951/2017)

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THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 11.08.2023,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P(RC) No.29/2023

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DR.A.K.JAYASANKARAN NAMBIAR

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MOHAMMED NIAS C.P., JJ

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

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O.P(RC) No. 29 of 2023

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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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The tenants in RCP No.25/2021 on the file of the Rent Control Court/Additional Munsiff Court-IV, Thiruvananthapuram, have filed this original petition aggrieved by the order dated 05.11.2022 in I.A.No.2/2022 under Section 12(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965, (for short, 'Act'). In this original petition, the tenants dispute the title of the landlord and that Section 12 application is not maintainable at the instance of the respondent herein.

¶28

On going through the impugned order, we find that the learned Rent Controller noted that the tenants admit that they took the petition schedule building from the petitioner and admitted the tenancy agreement. It is on the basis of the said fact recorded in the impugned order that the impugned order was passed.

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O.P(RC) No.29/2023

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It is trite that the parties cannot be allowed to dispute the happenings in Court or statements recorded as admissions in a superior forum, and the only remedy available is to file a review in case the party feels that such recording or statement of facts is wrong. Accordingly, we are not considering the correctness of the order in this original petition.

¶32

We permit the original petitioners to file a review within two weeks from today, along with the arrears upto date to be deposited in Court, in which event the review petition shall be disposed of by the Rent Control Court, Thiruvananthapuram, within one month thereafter, after hearing the parties and in accordance with law. Till orders are passed as directed above, all further proceedings initiated under Section 12 of the Act will be deferred. If any of the conditions are not complied with by the tenants/the petitioners herein, they would lose the benefit of this judgment, and the court below will be at liberty to proceed further, in accordance with law.

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The OP(RC) is disposed of as above.

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Sd/-

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DR.A.K.JAYASANKARAN NAMBIAR

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JUDGE

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Sd/-

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MOHAMMED NIAS C.P.

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JUDGE

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okb/

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APPENDIX OF OP (RC) 29/2023

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PETITIONERS EXHIBITS

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Exhibit P1TRUE COPY OF THE RENT CONTROL PETITION IN
RCP NO. 25 OF 2021 ON THE FILES OF RENT
CONTROL COURT / ADDITIONAL MUNSIFF COURT-
IV, THIRUVANANTHAPURAM DATED 25.02.2021
FILED BY THE RESPONDENT HEREIN
Exhibit P2TRUE COPY OF THE OBJECTION DATED 02.06.2022
IN RCP NO. 25 OF 2021 FILED BY THE FIRST
PETITIONER HEREIN ON THE FILES OF RENT
CONTROL COURT / ADDITIONAL MUNSIFF'S COURT-
IV, THIRUVANANTHAPURAM

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Exhibit P3TRUE COPY OF I.A. NO. 2 OF 2022 IN RCP NO.
25 OF 2021 FILED BY THE RESPONDENT HEREIN
ON THE FILES OF RENT CONTROL COURT /
ADDITIONAL MUNSIFF COURT-IV,
THIRUVANANTHAPURAM DATED 18.06.2022.

¶45

Exhibit P4TRUE COPY OF THE OBJECTION FILED BY THE
FIRST PETITIONER HEREIN DATED 26.07.2022 IN
I.A. NO. 2 OF 2022 IN RCP NO. 25 OF 2021 ON
THE FILES OF RENT CONTROL COURT /
ADDITIONAL MUNSIFF COURT-IV,
THIRUVANANTHAPURAM

¶46

Exhibit P5TRUE COPY OF THE ORDER DATED 05.11.2022 IN
I.A. NO. 2 OF 2022 IN RCP NO. 25 OF 2021
PASSED BY RENT CONTROL COURT / ADDITIONAL
MUNSIFF'S COURT-IV, THIRUVANANTHAPURAM

¶47

Exhibit P6TRUE COPY OF I.A. NO. 3 OF 2023 IN RCP NO.
25 OF 2021 FILED BY THE RESPONDENT HEREIN
ON THE FILES OF RENT CONTROL COURT /
ADDITIONAL MUNSIFF'S COURT-IV,
THIRUVANANTHAPURAM DATED 18.01.2023

¶48

Exhibit P7A TRUE COPY OF THE LEASE AGREEMENT DATED
29-6-2017 SIGNED BY MR MOHIT BAJAJ AND THE
FIRST PETITIONER.

Sherin.a.M. v. M/S. South India Surgical Company Limited

Case brief

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Sherin.a.M. v. M/S. South India Surgical Company Limited

Case brief

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