Kerala High Court
Taniyullatil Jameela vs Vattakkandiyil Kunhimoosa on 3 June, 2019
Author: A.Hariprasad
Bench: A.Hariprasad, T.V.Anilkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941
OP (RC).No. 75 of 2019
AGAINST THE ORDER IN RCA 37/2019 of RENT CONTROL APPELLATE
AUTHORITY AND THE DISTRICT COURT, KOZHIKODE.
PETITIONER/APPELLANT :
TANIYULLATIL JAMEELA, D/O.MOIDU,
AGED 42 YEARS, AYANCHERI VILLAGE,
PARAMBIL DESOM, VATAKARA TALUK,
KOZHIKODE - 673 541.
BY ADV. SRI.BIJU ABRAHAM.
RESPONDENTS/RESPONDENTS :
1 VATTAKKANDIYIL KUNHIMOOSA,
S/O.KUNHABDULLA HAJI, AGED 58 YEARS,
ADVOCATE, VILLAIPPALLI AMSOM,
THIRUMANA DESOM, VATAKARA TALUK, KOZHIKODE.
2 MADATHIL RASIYA, D/O.KUNHI AVULLA - 673 542 &
W/O.KUNHIMOOSA, AGED 51 YEARS, RESIDING AT
VATTAKKANDIYIL VILLAIPPALLI AMSOM,
VATTAKARA TALUK, KOZHIKODE - 673 542.
3 KANNANKANDY ABDUL SATHAR, S/O.MOIDU, BUSINESS,
AGED 41 YEARS, KOTTAPPALLI VILLAGE, KOTTAPPALLI
DESOM, VATAKARA TALUK, KOZHIKODE - 673 104.
4 KUTTANPUNATHIL ASLAM, S/O.AMMAD,
AGED 31 YEARS, BUSINESS, KOTTAPPALLI VILLAGE,
KOTTAPPALLI DESOM, VATAKARA TALUK,
KOZHIKODE DISTRICT - 673 104.
THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON
03.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P (R.C) No.75 of 2019
2
A.HARIPRASAD & T.V.ANILKUMAR, J J.
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O.P (R.C) No.75 of 2019
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Dated this the 3rd day of June, 2019
JUDGMENT
A.HARIPRASAD, J.
Heard the learned counsel for the petitioner and the respondents 1 and 2.
2. Respondents 1 and 2 filed R.C.P No.62 of 2016 before the Rent Control Court, Vatakara, seeking eviction of the petitioner under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short 'the Act'). It is the case of the respondents 2 and 3 that during pendency of the rent control petition, the petitioner/tenant did not deposit admitted arrears of rent and therefore they filed an application under Section 12 of the Act, seeking the indulgence of court to direct the petitioner to deposit admitted arrears of rent. In that matter, the court below passed an order O.P (R.C) No.75 of 2019 3 under Section 12(3) of the Act. Feeling aggrieved, the tenant/petitioner has come up in this original petition.
3. Since the respondents 3 and 4 are co-tenants, who suffered an ex parte order in the rent control proceedings, we find service of notice on them is not necessary for deciding this case.
4. Learned counsel for the respondents 1 and 2 contended that on a perusal of the counter statement filed by the petitioner before the Rent Control Court, in answer to the petition filed under Section 12 of the Act, it can be seen that she wanted adjustment of the rent paid during a period when the building was closed towards future rent, which we feel cannot be permitted.
Having regard to the facts and circumstances and also to the fact that more than Rs.2 Lakhs is due as on today, we feel that following orders will meet the ends of justice :
The petitioner shall pay Rs.27,500/- (Rupees twenty seven thousand and five hundred only), which is the rent for five months at the rate of O.P (R.C) No.75 of 2019 4 Rs.5,500/- (Rupees five thousand and five hundred only) per month, on or before 06-06-2019. Balance admitted rent shall be paid by the petitioner within a period of six weeks from 06-06-2019.
It is made clear that the petitioner shall not commit any breach of this order and if the petitioner fails to pay Rs.27,500/- on 06-06-2019 or the balance amount within six weeks from 06-06-2019, the respondents 1 and 2 are free to proceed with the execution petition. The executing court shall keep the Execution Petition alive for enabling the respondents to pursue their remedies for a period of six weeks from 06-06-2019.
Original petition is dismissed with the above directions.
A. HARIPRASAD, JUDGE.
T.V.ANILKUMAR, JUDGE.
Hand Over amk O.P (R.C) No.75 of 2019 5 APPENDIX PETITIONER'S EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE APPEAL IS FILED AGAINST THE SAID EX-PARTE ORDER THE TRUE COPY OF THE MEMORANDUM OF APPEAL FILED AS R.C.A.NO.37/2009 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY AND DISTRICT COURT, KOZHIKODE.
EXHIBIT P2 A TRUE COPY OF THE APPLICATION FOR CONDONATION OF DELAY FILED AS I.A.NO.586 OF 2019 IN RCA NO.37/2009 ON THE FILES OF RENT CONTROL APPELLATE AND DISTRICT COURT KOZHIKODE.
EXHIBIT P3 A TRUE COPY OF THE APPLICATION FOR STAY FILED IN RCA NO.37/2009 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY AND DISTRICT COURT, KOZHIKODE.
EXHIBIT P4 A TRUE COPY OF THE OBJECTION FILED BY THE APPELLANT IN E.P.NO.11/19 IN RCP NO.62/16 BEFORE THE RENT CONTROL COURT, VATAKARA DATED 08/03/2019.
RESPONDENT'S EXHIBITS : NIL.