Kerala High Court
E.R.Joseph Aged 77 Years vs The Land Tribunal on 1 June, 1961
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 10TH DAY OF MAY 2013/20TH VAISAKHA 1935
OP(C).No. 1683 of 2013 (O)
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PETITIONER :
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E.R.JOSEPH AGED 77 YEARS
S/O. RAPHEL AND MARY RAPHEL, EDAKKAT HOUSE
KUMBALANGI.P.O., KUMBLANGI VILLAGE, KOCHI TALUK.
BY ADVS.SRI.A.K.SRINIVASAN
SRI.A.S.BENOY
RESPONDENTS:
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1. THE LAND TRIBUNAL, ERNAKULAM
TRIPUNITHRURA, ERNAKULAM.
2. MR. LALAN
S/O. KOCHOUSEPH, HOUSE NO. 13/1086, CHULLIKKAL
THOPPUMPADY VILLAGE, PIN-682005.
BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10-05-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 1683 of 2013 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 THE TRUE COPY OF THE LEASE AGREEMENT DATED 1-6-1961.
EXT.P2 THE TRUE COPY OF THE DOCUMENT NO. 2287 OF 1966 OF KOCHI
SRO EXECUTED IN FAVOUR OF LATE. OUSEPH.
EXT.P3 THE TRUE COPY OF THE WILL NO. 5 OF 1978 OF KOCHI SRO.
EXT.P4 THE TRUE COPY OF THE NOTICE FROM THE LAND TRIBUNAL IN
THE O.A. TO APPEAL ON 22-3-11.
EXT.P5 THE TRUE COPY OF APPLICATION IN O.A. NO. 19 OF 2011 FILED
BY THE 2ND RESPONDENT BEFORE THE LAND TRIBUNAL.
EXT.P6 THE TRUE COPY OF THE WRITTEN STATEMENT DATED 26-7-11
FILED IN O.A. NO. 19 OF 2011 BY THE PETITIONER.
RESPONDENT(S)' EXHIBITS: NIL
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TRUE COPY
P.A TO JUDGE
A.M.SHAFFIQUE, J.
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O.P.(C) No.1683 of 2013
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Dated this the 10th day of May, 2013.
J U D G M E N T
The petitioner being the land owner of a building had filed an application before the Rent Control Court for eviction of the tenant. The 2nd respondent herein filed O.A.No.19 of 2011 before the Land Tribunal, Trippunithura, claiming the `kudikidappu' right over the aforesaid tenanted premises. This writ petition is filed complaining that the proceedings before the Land Tribunal are kept pending and as a result, the proceedings before the Rent Control Court are also kept in abeyance. It is submitted by the learned counsel that the matter is posted for hearing before the Land Tribunal on 21.5.2013.
2. Having regard to the facts and the nature of the case, I do not think that notice is necessary to the second respondent who is the petitioner before the Land Tribunal.
3. Heard the learned Government Pleader. 2 O.P.(C) No.1683 of 2013
4. Taking into consideration the facts and circumstances involved in the case, I direct the first respondent to dispose of O.A.No.19 of 2011 pending before it, within two months from the date of receipt of a copy of this judgment.
Sd/-
A.M.SHAFFIQUE, JUDGE.
ami/ //True copy// P.A. to Judge