Suresh Babu vs P.T. Pappachan

Kerala High Court

Suresh Babu vs P.T. Pappachan on 20 May, 2024

Author: Amit Rawal

Bench: Amit Rawal

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                        &
                  THE HONOURABLE MR. JUSTICE EASWARAN S.
      MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                          OP (RC) NO. 32 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 29.01.2024 IN I.A.NO.9/2023 IN
RCP NO.10 OF 2019 OF PRINCIPAL MUNSIFF COURT KOZHIKODE-I
PETITIONER(S)/PETITIONER/RESPONDENT IN RCP:

            SURESH BABU
            AGED 58 YEARS, S/O. UNICHOYI,
            PROPRIETOR, SURESH ELECTRICALS, ROOM NO. PP 12/528,
            ENGAPUZHA, THAMARASSERY RESIDING AT PANAMBODI CHALIL
            HOUSE, RAROTH AMSOM, DESOM, THAMARASSERY TALUK,
            THAMARASSERY, KOZHIKODE, PIN - 673573

            BY ADVS.
            V.V.SURENDRAN
            P.A.HARISH
            DONA PAUL


RESPONDENT(S)/RESPONDENT/PETITIONER IN RCP:

            P.T. PAPPACHAN
            AGED 74 YEARS, S/O. THOMAS,
            POST KUPPAYATHODE, ENGAPUZHA AMSOM, PADOOR DESOM,
            THAMARASSERY TALUK, KOZHIKODE, PIN - 673573

            BY ADV GEORGE SEBASTIAN


     THIS   OP    (RENT   CONTROL)    HAVING   COME   UP   FOR   ADMISSION   ON
20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (RC) NO. 32 OF 2024
                                  2



                            JUDGMENT

Amit Rawal, J.

1. This petition is directed at the instance of the petitioner-tenant against the order dated 29.01.2024 passed in I.A.No.9/2023 in Rent Control Petition No.10/2019 whereby the eviction of the petitioner-tenant at the instance of the respondent

- landlord has been sought on the ground of personal necessity, for diminishing the value and utility of the building as well as the arrears of rent. Once the pleadings in the aforementioned rent petitions were over petitioner - tenant acquired knowledge of subsequent event that the respondent-landlord had, during the pendency of the eviction petition, leased out two portions of the same very building to another three tenants and thus, as per the first proviso to sub-section 3 of section 11, the petition is liable to be dismissed. In order to invoke those provisions assistance of the Court was sought by submitting I.A.No.9/2023 calling upon the tenant to produce the alleged lease deeds which are unregistered. Landlord denied the existence of those documents. It is in that background, petitioner was left with no other choice but to invoke the jurisdiction of this Court. OP (RC) NO. 32 OF 2024 3

2. We have heard the learned counsel for the petitioner and appraised the paper book and of the view that once the landlord though has not denied the existence of lease deed specifically but stated that there was no need of production of the document, the petitioner-tenant would be at liberty to take the advantage of the provisions of section 118(g) of the Indian Evidence Act by drawing the adverse inference and prove the same at the relevant point of time when the stage for leading his evidence begins. Thus the observation of the Rent Controller that the application could not have been made is wholly absurd and not sustainable.

With the aforementioned observations, the revision petition stands disposed off.

Sd/-

AMIT RAWAL JUDGE Sd/-

EASWARAN S. JUDGE nak OP (RC) NO. 32 OF 2024 4 APPENDIX OF OP (RC) 32/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF RCP. NO. 10/2019 ON THE FILE OF THE RENT CONTROLLER/PRINCIPAL MUNSIFF- 1, KOZHIKODE, DATED 18.01.2019 Exhibit P2 A TRUE COPY OF THE COUNTER STATEMENT DATED 21.05.2019 IN RCP. NO. 10/2019 ON THE FILE OF THE RENT CONTROLLER/PRINCIPAL MUNSIFF- 1, KOZHIKODE Exhibit P3 A TRUE COPY OF THE AFFIDAVIT AND PETITION FILED IN SUPPORT OF I.A. 09/2023 IN R.C.P. 10/2019 DATED 21.09.2023 ON THE FILE OF THE RENT CONTROLLER/PRINCIPAL MUNSIFF-1, KOZHIKODE Exhibit P4 A TRUE COPY OF THE COUNTER AFFIDAVIT DATED 26.09.2023 FILED BY THE RESPONDENT IN I.A. 9/2023 IN RCP 10/2019 ON THE FILE OF THE RENT CONTROLLER/PRINCIPAL MUNSIFF- 1, KOZHIKODE Exhibit P5 A TRUE COPY OF THE ORDER DATED 29.01.2024 IN I.A. 9/2023 IN RCP 10/2019 ON THE FILE OF THE RENT CONTROLLER/PRINCIPAL MUNSIFF- 1, KOZHIKODE