Nisar .K vs Dr. Abdul Nasar

Kerala High Court

Nisar .K vs Dr. Abdul Nasar on 17 May, 2024

Author: Sathish Ninan

Bench: Sathish Ninan

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR. JUSTICE SATHISH NINAN
                               &
        THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
   FRIDAY, THE 17TH DAY OF MAY 2024 / 27TH VAISAKHA, 1946
                     OP (RC) NO. 63 OF 2024
AGAINST THE ORDER DATED 09.04.2024 IN RCA NO.3 OF 2024 OF
ADDITIONAL DISTRICT COURT, TIRUR ARISING OUT OF THE ORDER
DATED IN RCP NO.2 OF 2022 OF MUNSIFF COURT, TIRUR
PETITIONER/PETITIONER/APPELLANT/1ST RESPONDENT:

          NISAR .K
          AGED 49 YEARS
          S/O KIZHAKKAMKUNNATH ABOOBACKER C/O TIRUR NURSING
          HOME CANTEEN TIRUR MALAPPURAM DISTRICT RESIDING
          AT BAVAHAJIPPADI , TIRUR MALAPPURAM DISTRICT, PIN
          - 676101
          BY ADVS.
          JAMSHEED HAFIZ
          T.S.SREEKUTTY


RESPONDENTS / RESPONDENTS / RESPONDENTS / PETITIONERS &
RESPONDENTS 2 & 3:

    1     DR. ABDUL NASAR
          S/O C.H KADEEJA UMMA "ANUPAMA" POONGOTTUKULAM
          TIRUR MALAPPURAM DISTRICT., PIN - 676101
    2     DR. K. NAUSHAD
          S/O C.H KADEEJA UMMA WOODGROW, K.G PADI, TIRUR
          TALUK, THRIKKANDIYOOR AMSOM, MALAPPURAM DISTRICT,
          PIN - 676101
    3     BASHEER.K
          S/O KIZHAKKAMKUNNATH ABOOBACKER KIZHAKKAMKUNNATH
          HOUSE NEAR MALATHI HOSPITAL POONGOTTUKULAM,
          THRIKKANDIYOOR (PO), TIRUR MALAPPURAM DISTRICT,
          PIN - 676101
    4     IYYAHTHUTTY CHITTAKATH POTTAMMAL
          W/O ABOOBACKER, BEHIND MALATHI HOSPITAL
                                  -: 2 :-
A.S.NO.543 OF 1999

            POONGOTTUKULAM, THRIKKANDIYOOR (PO), TIRUR
            TALUK, MALAPPURAM DISTRICT., PIN - 676101



     THIS     OP    (RENT   CONTROL)       HAVING   COME    UP    FOR
ADMISSION    ON    17.05.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                        Sathish Ninan, J.
                               &
                    Harisankar V. Menon, JJ.
                 --------------------------------
                   O.P.(R.C.) No.63 of 2024
             ----------------------------------------

               Dated this the 17th day of May, 2024

                            JUDGMENT

Sathish Ninan, J.

Petitioner is the tenant and respondents 1 and 2 are the landlords. Rent Control Proceeding was initiated by the landlords, for eviction. In the R.C.P, an order was passed against the tenant under Section 12 of the Kerala Buildings (Lease and Rent Control) Act.

2. Challenging the order, the petitioner preferred R.C.A.No.3 of 2024 before the Rent Control Appellate Authority. The Appellate Authority granted stay of the order on condition that the appellant deposits Rs.1,80,000/- within 45 days. However, but for -: 2 :- O.P.(R.C.) No.63 of 2024 depositing an amount of Rs.50,000/-, he failed to comply with the order in its entirety. Thereafter, he filed I.A.No.1 of 2024 on 08/04/2024 seeking extension of time by two months to comply with the order of deposit. The appellate court passed Ext.P7 order granting time till 12/04/2024 for depositing the amount. Dissatisfied thereby and having failed to comply with the condition, the appellant has approached this Court.

3. We have heard Sri.Jamsheed Hafiz, the learned counsel for the petitioner.

4. It is not in dispute that the rent is in arrears from January 2019. The monthly rent payable is Rs.15,000/-. Thus the arrears payable is a substantial amount. Section 12 mandates the tenant to deposit the admitted arrears of rent in order to enable him to contest the proceedings. The Appellate Court directed the petitioner to deposit an amount of Rs.1,80,000/- as -: 3 :- O.P.(R.C.) No.63 of 2024 a condition for stay of execution. The said amount is meagre when considering the total arrears. A period of 45 days was granted for compliance of the condition. Inspite of the same, the said direction was not complied with by the petitioner. On the application filed for extension of time, the Appellate Authority having due consideration to the entire facts, directed compliance on or before 12.04.2024. The petitioner failed to comply with the condition.

5. The order under Section 12(1) was passed on 06.07.2023. The order under Section 12(3) was passed on 25.07.2023. On 23.02.2024 the Appellate Authority ordered deposit of Rs.1,80,000/- only from out of the admitted arrears, to be made in 45 days. The time was extended till 12.04.2024. The condition is not complied. The order was passed on 09.04.2024. The order impugned does not suffer from any illegality. We find no reason -: 4 :- O.P.(R.C.) No.63 of 2024 to entertain the Original Petition.

The O.P.(RC) is dismissed.

Sd/-

Sathish Ninan, Judge Sd/-

Harisankar V. Menon, JUDGE rsr -: 5 :- O.P.(R.C.) No.63 of 2024 APPENDIX OF OP (RC) 63/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 25.07.2023 IN I.A 4 OF 2023 IN R.C.P 2 OF 2022 OF THE MUNSIFF COURT , TIRUR.

Exhibit P2 TRUE COPY OF THE APPEAL R.C.A 3 OF 2024 BEFORE THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE) TIRUR DATED 05.01.2024 Exhibit P3 TRUE COPY OF THE I.A 3 OF 2024 IN R.C.A 3 OF 2024 RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE) TIRUR DATED 15.02.2024 Exhibit P4 TRUE COPY OF THE COUNTER FILED IN I.A 3 OF 2024 IN R.C.A 3 OF 2024 BEFORE THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE) TIRUR DATED 15.02.2024 Exhibit P5 TRUE COPY OF THE ORDER IN I.A 3 OF 2024 IN R.C.A 3 OF 2024 BEFORE THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE) TIRUR DATED 23.02.2024 ( FROM E -COURT SERVICES ) Exhibit P6 TRUE COPY OF THE I.A 1 OF 2024 IN I.A 3 OF 2024 IN R.C.A 3 OF 2024 BEFORE THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE) TIRUR DATED 08.04.2024 Exhibit P7 TRUE COPY OF THE ORDER DATED 09.04.2024 IN I.A 1 OF 2024 IN I.A 3 OF 2024 IN R.C.A 3 OF 2024 BEFORE THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE) TIRUR