IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
O.P.(RC) NO. 117 OF 2022
SPEEDY DISPOSAL OF R.C.P.NO.8 OF 2021 OF THE RENT CONTROL
COURT (MUNSIFF), NORTH PARAVUR
PETITIONER:
D. DILEEP KUMAR
AGED 35 YEARS
PANAVILLIL (JYOTHI) VEETTIL, PARAVOOTHARA,
PARAVUR VILLAGE, PARAVUR TALUK,
ERNAKULAM DISTRICT, PIN - 683513.
BY ADV P.K.SAJEEV
RESPONDENT:
SOORAJ N.,
AGED 49 YEARS, S/O. NANAPPAN, NANDANAM VEETTIL,
CHERIYAPALLAMTHURUTHU, PARAVUR VILLAGE,
PARAVUR TALUK,
ERNAKULAM DISTRICT, PIN - 683513.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(RC) No.117 of 2022
JUDGMENT
Ajithkumar, J.
The respondent-tenant in R.C.P.No.13 of 2019 before the Rent Control Court (Munsiff), North Paravur is the petitioner. The respondent-landlord filed the rent control petition seeking eviction under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. In that rent control petition, the respondent filed a petition under Section 12 of the Act, wherein the Rent Control Court passed an order under Section 12(3) of the Act, copy of which is Ext.P7. An appeal filed by the petitioner challenging the said order, under Section 18(1)(b) of the Act, is pending consideration before the Appellate Authority (Additional District Judge), North Paravur as R.C.A.No.8 of 2021. In the meantime, proceedings for execution of the order of eviction is being taken out in E.P.No.79 of 2021. The petitioner, in the above circumstances, filed this Original Petition invoking Article 227 of the Constitution of India seeking an order directing the Execution Court (Munsiff), North Paravur, to keep the execution 3 O.P.(RC) No.117 of 2022 proceedings in E.P.No.79 of 2021 in R.C.P.No.13 of 2019 in abeyance till the final disposal of R.C.A.No.5 of 2021 and R.C.A.No.8 of 2021.
2. Heard the learned counsel appearing for the petitioner. Considering the nature of relief proposed to be granted, notice to the respondent is dispensed with.
3. Ext.P3 is a copy of I.A.No.1 of 2020 in R.C.P.No.13 of 2019 filed by the respondent under Section 12 of the Act. In that application, the Rent Control Court as per Ext.P5 order directed the petitioner to deposit the arrears of rent admitted to be due and continue to pay the rent for the subsequent months. The petitioner filed R.C.A.No.5 of 2021 before the Appellate Authority challenging the said order. While so, Ext.P7 order under Section 12(3) of the Act was passed by the Rent Control Court. Challenging that order, the petitioner has filed Ext.P8 appeal, R.C.A.No.8 of 2021. The petitioner also filed I.A.No.1 of 2021 seeking to stay the proceedings in the execution petition.
4O.P.(RC) No.117 of 2022
4. The grievance of the petitioner is that pending consideration of the appeals and also the petition for stay, the Execution Court is proceeding with the petition for execution of the order of eviction in R.C.P.No.13 of 2019. The learned counsel appearing for the petitioner would submit that if delivery is effected before considering the appeals, the petitioner would be put to irreparable injury and loss. Therefore, a time bound disposal of the appeals are highly essential.
5. R.C.A.No.5 of 2021 was filed by the petitioner challenging Ext.P5 order, which is one issued by the Rent Control Court under Section 12(1) of the Act. An order under Section 12(1) of the Act is not appealable. However, when the Rent Control Court subsequently passed an order under Section 12(3) of the Act, Ext.P7, challenging the legality of that order, the petitioner filed R.C.A.No.8 of 2021. Since the petitioner has right to appeal against Ext.P7 order, under Section 18(1)(b) of the Act, it is only appropriate not to execute the impugned order till the appeal is disposed of. 5 O.P.(RC) No.117 of 2022
6. In the above circumstances, we are of the view that there shall be a direction to the Appellate Authority to dispose of R.C.A.No.8 of 2021 within a time frame. Hence, we dispose of this original petition directing the Rent Control Appellate Authority (Additional District Judge), North Paravur to dispose of R.C.A.No.8 of 2021 pending before that court within a period of one month from the date of production of a certified copy of this judgment. In the meantime, the Execution Court (Munsiff), North Paravur, will keep in abeyance the proceedings in E.P.No.79 of 2021 in R.C.P.No.13 of 2019.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE dkr