Kerala High Court
K.V. Shiraz vs Dr.Paul K.Chandy on 11 January, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE G. GIRISH
THURSDAY, THE 11TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945
OP (RC) NO. 1 OF 2024
RCP NO.4 OF 2022 OF THE ADDL.RENT CONTROL COURT (PRINCIPAL
MUNSIFF COURT), KOTTAYAM
EP NO.24 OF 2023 OF PRINCIPAL MUNSIFF COURT, KOTTAYAM
PETITIONER/JUDGMENT DEBTOR:
K.V. SHIRAZ, AGED 52 YEARS, S/O. HAMZA, NOORJAHAN
SHENOY ROAD, KALOOR P.O. ERNAKULAM, PIN - 682017
BY SR.ADV.SRI T.KRISHNAN UNNI
ADVS.SRI.SAISANKAR.S
SMT.ANUPAMA JOHNY
SRI.BINOY DAVIS
RESPONDENTS/DECREE HOLDERS:
1 DR.PAUL K.CHANDY, AGED 67 YEARS
S/O. ITTIYERAH C. KOSHY MATTEETHARA HOUSE,
BAKER ROAD KOTTAYAM P.O., PIN - 686001
2 DR. ITTIYERAH P. CHANDY, AGED 32 YEARS
S/O. DR. PAUL K. CHANDY MATTEETHARA HOUSE,
BAKER ROAD KOTTAYAM P.O., PIN - 686001
BY ADVS.S. RANJIT
GOKUL DAS V.V.H.(K/420-A/2005)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP(RC)No.1 of 2024
JUDGMENT
Anil K. Narendran, J.
The petitioner is the respondent-tenant in R.C.P.No.4 of 2022 on the file of the Additional Rent Control Court (Additional Munsiff), Kottayam, a petition filed by the respondents-landlords under Sections 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 bearing Door Nos.256 and 257 in Ward No.IX of Kottayam Municipality. In that Rent Control Petition, the Rent Control Court passed Ext.P1 ex parte order of eviction on 13.01.2023, whereby the tenant is directed to give vacant possession of the petition schedule building to the landlords, under Section 11(3) of the Act, within a period of three months from that date, failing which the landlords are at liberty to get vacant possession of the building through the process of the court. On a finding that an amount of Rs.1,04,73,376/- is due towards arrears of rent from March 2018 onwards, order of eviction was granted under Section 11(2)(b) of the Act as well. In Ext.P1 order, it is made clear that the said order shall not be executed within the expiry of one month from the date of that order, in view of the provisions under Section 11(2)(c) of the Act. Seeking an order to set aside the ex parte order of eviction, the tenant filed Ext.P2, i.e., Restoration Petition No.22 of 2023 invoking the provisions under Section 23(1)(h) of the Act, read with Order IX Rule 13 of the Code of Civil Procedure, 1908, which was accompanied by Ext.P3, i.e., 3 OP(RC)No.1 of 2024 I.A.No.1 of 2023 in R.C.P.No.4 of 2022, an application filed under Section 5 of the Limitation Act, seeking an order to condone the delay of 72 days in filing Ext.P2. The Restoration Petition and the interlocutory application were dismissed for default, due to non- payment of process to serve notice on the landlords. For restoration of those applications, the tenant filed Ext.P9 Restoration Petition No.94 of 2023, which is now pending consideration before the Additional Rent Control (Additional Munsiff) Court, Kottayam. The tenant has filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, since the execution court, i.e., Principal Munsiff Court, Kottayam is proceeding with E.P.No.24 of 2023 in R.C.P.No.4 of 2022, during the pendency of Ext.P9 Restoration Petition.
2. On 08.01.2024, when this original petition came up for admission, this Court issued notice on admission by special messenger to the respondents, returnable by 11.01.2024. This Court granted an interim order, whereby further proceedings in E.P.No.24 of 2023 in R.C.P.No.4 of 2022 on the file of the Principal Munsiff Court, were ordered to be deferred for a period of one week.
3. Heard the learned Senior Counsel for the petitioner-tenant and also the learned counsel for the respondents-landlords.
4. The learned counsel for the respondents-landlords would point out that the monthly rent of the petition schedule building in 4 OP(RC)No.1 of 2024 R.C.P.No.4 of 2022 is Rs.1,35,000/- and the arrears of rent comes around Rs.1,10,00,000/-.
5. The learned Senior Counsel for the petitioner-tenant would submit that to show bona fides, the tenant is prepared to deposit a portion of the arrears of rent. The quantification of actual rent arrears may be left open.
6. From the submissions made at the Bar, we notice that Ext.P9 Restoration Petition filed by the petitioner-tenant seeking restoration of Restoration Petition No.22 of 2023 and I.A.No.1 of 2023 in R.C.P.No.4 of 2022, is now pending consideration before the Additional Rent Control Court, Kottayam.
7. In such circumstances, this original petition is disposed of by directing the Additional Rent Control Court (Additional Munsiff), Kottayam to consider Ext.P9 Restoration Petition and pass appropriate orders thereon, with notice to both sides, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment, on condition that within two weeks from the date of this order, the petitioner-tenant shall pay a sum of Rs.20,00,000/- to the respondents-landlords towards arrears of rent. On such payment being made, further proceedings in E.P.No.24 of 2023 in R.C.P.No.4 of 2022 on the file of the Additional Rent Control Court (Additional Munsiff), Kottayam shall be deferred, till orders are passed on Ext.P9 Restoration Petition.
5OP(RC)No.1 of 2024
In case there is any default on the part of the petitioner-tenant in remitting the aforesaid amount, it would be open to the execution court to proceed further with the execution.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
G. GIRISH, JUDGE AV/15/1 6 OP(RC)No.1 of 2024 APPENDIX OF OP (RC) 1/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF ORDER DATED 13.01.2023 PASSED BY THE ADDITIONAL RENT CONTROLLER, KOTTAYAM IN R.C.P. NO. 4/2022.
Exhibit P2 A TRUE COPY OF RESTOR. PTN. NO.22/2023 FILED BY THE PETITIONER BEFORE THE COURT OF THE ADDITIONAL RENT CONTROLLER, KOTTAYAM IN R.C.P. NO. 4/2022.
Exhibit P3 A TRUE COPY OF I.A.NO.1/2023 FILED BY THE PETITIONER BEFORE THE COURT OF THE ADDITIONAL RENT CONTROLLER, KOTTAYAM IN R.C.P.NO.4/2022.
Exhibit P4 A TRUE COPY OF E.P. NO. 24/2023 IN R.C.P. NO.4/2022 FILED BY THE RESPONDENTS BEFORE THE PRL. MUNSIFF'S COURT, KOTTAYAM.
Exhibit P5 A TRUE COPY OF OBJECTION FILED BY THE RESPONDENTS IN E.P. NO. 24/2023 IN R.C.P. NO.4/2022 BEFORE THE PRL. MUNSIFF'S COURT, KOTTAYAM.
Exhibit P6 A TRUE COPY OF E.A. NO.1/2023 FILED BY THE PETITIONER BEFORE THE PRL. MUNSIFF'S COURT, KOTTAYAM TO STAY FURTHER PROCEEDINGS IN EXT.P4 EXECUTION PETITION.
Exhibit P7 A TRUE COPY OF OBJECTION FILED BY THE RESPONDENTS IN EXT.P6 APPLICATION BEFORE THE PRL. MUNSIFF'S COURT, KOTTAYAM.
Exhibit P8 A TRUE COPY OF THE PROCEEDINGS DATED 30.11.2023 IN EXT.P2 PETITION ON THE FILE OF THE COURT OF THE ADDL. RENT CONTROLLER, KOTTAYAM, DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE DISTRICT COURT, KOTTAYAM.
Exhibit P9 A TRUE COPY OF RESTOR. PTN. NO.94/2023 FILED BY THE PETITIONER BEFORE THE COURT OF THE ADDL. RENT CONTROLLER, KOTTAYAM TO RESTORE EXT.P2 APPLICATION.
7OP(RC)No.1 of 2024 Exhibit P10 A TRUE COPY OF E.A.NO.3/2023 IN E.P.NO.
24/2023 FILED BY THE PETITIONER BEFORE THE PRL. MUNSIFF'S COURT, KOTTAYAM.
Exhibit P11 A TRUE COPY OF THE PROCEEDINGS DATED 06.01.2024 IN EXT.P4 EXECUTION PETITION ON THE FILE OF THE PRL. MUNSIFF'S COURT, KOTTAYAM, DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE DISTRICT COURT, KOTTAYAM.