Saeed P.C vs Lynn Varghese

Kerala High Court

Saeed P.C vs Lynn Varghese on 22 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.

   WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946


                     OP (RC) NO. 181 OF 2023

    AGAINST IA NO.151/2023 IN IN RCP NO.171 OF 2020 OF III
        ADDITIONAL MUNSIFF COURT, ERNAKULAM (RENT CONTROL)

PETITIONER(S)/PETITIONER/RESPONDENT :


           SAEED P.C,
           AGED 40 YEARS
           S/O. ALI, PALLIKKACHALIL HOUSE,KANJARAKODU VILLAGE,
           KANNUR TALUK, KANNUR DISTRICT. (BUILDING NO.
           KALAMASSERY MUNICIPALITY 33/667, NEAR NAVYA CAKE
           SHOP, OPP. METRO PILLAR 391, TOLL JUNCTION,
           EDAPPALLY, ERNAKULAM, PIN - 682024
           BY ADVS.
           P.HARIDAS
           BIJU HARIHARAN
           SHIJIMOL M.MATHEW
           P.C.SHIJIN
           ROSHIN MARIAM JACOB
           MUHAMMED ANEES


RESPONDENT(S)/RESPONDENTS/PETITIONERS:


    1      LYNN VARGHESE
           AGED 49 YEARS
           W/O. VARGHESE, PATTATHUPARAMBIL HOUSE, 'ROSE VILLA',
           KOONAMTHAI, THRIKKAKARA NORTH VILLAGE, KANAYANNUR
           TALUK, PIN - 682024
 O.P.(R.C.) No.181 of 2023
                                2


     2      VARGHESE P.O
            AGED 57 YEARS
            S/O. OUSEPH, PATTATHUPARAMBIL HOUSE, 'ROSE VILLA',
            KOONAMTHAI, THRIKKAKARA NORTH VILLAGE, KANAYANNUR
            TALUK, PIN - 682024
            BY ADVS.
            D.G.VIPIN
            DANIEL A.J.(K/000772/2020)
            MANISHA V.V(K/1250/2023)
            ANNA ROSE NAMBADAN(K/1574/2023)




      THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(R.C.) No.181 of 2023
                                  3


                 AMIT RAWAL & EASWARAN S. , JJ.
                        -------------------------
                     O.P.(R.C.) No.181 of 2023
                   -----------------------------------
                Dated this the 22nd day of May 2024

                             JUDGMENT

AMIT RAWAL, J.

In a rent petition preferred by the respondents-landlord seeking eviction on the ground of bonafide need i.e., R.C.P. No.171 of 2020 the petitioner/tenant was proceeded ex parte resulting into ex parte eviction order dated 28.10.2022. It is submitted that the petitioner acquired the knowledge of exparte decree only when the execution petition was filed and thereafter filed the application under Order IX Rule 13 of the Code of Civil Procedure. But along with the said application, no interim application was filed and when the eviction was pressed, the petitioner had approached this Court by invoking the power under Article 227.

2. Learned counsel appearing on behalf of the respondents- landlord do not deny the pendency of the application under Order 9 Rule 13, but submitted that the tenant is in arrears of rent at the rate of Rs.14,750/- per month.

4

3. Without expressing any opinion on the merits about the outcome of the application filed under Order 9 Rule 13 of the Code, particularly the fact that there is an interim order granted by this Court on 30.10.2023, we dispose of this O.P.(R.C.) by directing the learned Rent Controller to decide the application filed under Order 9 Rule 13, in accordance with law, as expeditiously as possible within a period of two months, subject to the condition that the petitioner

-tenant clears all the arrears of rent within a period of three weeks. It is made clear that in case the arrears of rent are not cleared, the respondents-landlord shall be entitled to seek eviction in accordance with law. Till a decision is taken as aforesaid, the interim order granted by this court will continue, on condition of payment of the arrears.

Sd/-

AMIT RAWAL, JUDGE Sd/-

EASWARAN S., JUDGE NS O.P.(R.C.) No.181 of 2023 5 APPENDIX OF OP (RC) 181/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT OF RENT EXECUTED BETWEEN PETITIONER AND 1STRESPONDENT DATED 01.09.2019 Exhibit P2 TRUE COPY OF THE ORDER PASSED EX-PARTE IN R.C.P. NO. 171/2020 DATED 28.10.2022 OF THE III RD ADDITIONAL MUNSIFF & RENT CONTROLLER, ERNAKULAM Exhibit P3 TRUE COPY OF I.A. NO. 151/2023 IN R.C.P. NO. 171/2020 DATED 13.09.2023 OF THE III RD ADDITIONAL MUNSIFF & RENT CONTROLLER, ERNAKULAM Exhibit P4 TRUE COPY OF THE SUMMONS IN E.P. NO.

312/2023 IN R.C.P. NO. 171/2020 OF MUNSIFF COURT, ERNAKULAM Exhibit P5 TRUE COPY OF E.P. NO. 312/2023 IN R.C.P. NO. 171/2020 OF MUNSIFF COURT, ERNAKULAM, DATED 12.9.2023