Kerala High Court
Maliyekkal Abdu Razak vs Karuthedath Moosa Haji on 8 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
OP (RC).No.22 OF 2021
AGAINST THE ORDER DATED 27-03-2019 IN I.A NO.3344 OF 2018
IN RCP 37/2017 OF RENT CONTROL COURT (MUNSIFF),
PARAPPANANGADI.
PETITIONER/TENANT IN THE COURT BELOW :
MALIYEKKAL ABDU RAZAK, S/O. KUNHIBAVA,
AGED 43 YEARS, NANNAMBRA AMSOM, DESOM,
TIRURANGADI TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.RAJESH SIVARAMANKUTTY.
RESPONDENTS/LANDLORDS IN THE COURT BELOW :
1 KARUTHEDATH MOOSA HAJI, S/O. MOIDEEN,
AGED 62 YEARS, ULLANAM AMSOM, DESOM, TIRURANGADI
TALUK, MALAPPURAM DISTRICT, PIN-676 306.
2 PALAMUTTATH ABOOBACKER,S/O. MUHAMMED,
AGED 62 YEARS, ULLANAM AMSOM, DESOM, TIRURANGADI
TALUK, MALAPPURAM DISTRICT, PIN-676 306.
3 ARAKKAL KUNHIMUHAMMEDKUTTY, S/O. KUNHIRAYIN,
AGED 57 YEARS, NEDUVA AMSOM, DESOM, TIRURANGADI
TALUK, MALAPPURAM DISTRICT, PIN-676 306.
4 PALLIPURATH MUHAMMEDKUTTY, S/O. MOIDEEN,
AGED 55 YEARS, NEDUVA AMSOM, DESOM, TIRURANGADI
TALUK, MALAPPURAM DISTRICT, PIN-676 306.
R1-R4 BY ADVS.SRI.C.M.MOHAMMED IQUABAL,
SMT.ANJALI G.KRISHNAN, SMT.REHANA SHUKKUR
SMT.RAIHANATH T.H & SRI.P.ABDUL NISHAD.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (R.C) No.22 of 2021 2
A.HARIPRASAD & P.V.KUNHIKRISHNAN, J J.
--------------------------------------
O.P (R.C) No.22 of 2021
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Dated this the 8th day of February, 2021
JUDGMENT
P.V.KUNHIKRISHNAN, J
This original petition is filed by the petitioner/tenant
challenging Ext.P3 order dated 27-03-2019 in I.A No.3344 of 2018 in
R.C.P No.37 of 2017 on the file of the Rent Control Court (Munsiff),
Parappanangadi. It is an order passed under Section 12(1) of the Kerala
Buildings (Lease and Rent Control) Act, 1965 (in short 'the Act').
2. The relevant portion of the above order is extracted hereunder:
"According to the petitioner the rent is Rs.9,144/- per
month and Rs.88,900/- has been kept in arrears by the
respondent towards the rent upto July 2017. This is
specifically denied by the respondent in the counter
statement. According to the respondent the rate of rent
is Rs.7,620/- per month and he was liable to pay
Rs.50,000/- towards the rent till July 2017. Thus
Rs.50,000/- is the rent admittedly kept in arrears by the
respondent till July 2017. Hence in view of section
12(1) of the Act of 1965, he shall be directed to deposit
the same. Besides that he is also liable to pay the rent
for the period from August 2017 at the rate of rent as
admitted by him as he have no case that he has paid
rent at that rate. Hence the petition shall be allowed to
that extent."
3. Aggrieved by the above order passed under section 12(1) of
the Act, the petitioner filed an appeal before the Rent Control Appellate
Authority as RCA No.16 of 2019. As per Ext.P4 judgment, the Appellate
Authority dismissed the appeal observing that the same is not maintainable.
Hence this original petition is filed challenging Ext.P3 order invoking the
extraordinary and supervisory jurisdiction under Article 227 of the
Constitution of India.
4. Heard the learned counsel for the petitioner and the learned
counsel appearing for the respondents.
5. The only point raised by the petitioner is that there is some
mistake in Exhibit P3 order regarding the period of rent. Admittedly, this is
an order passed under Section 12(1) of the Act. Once an order under
Section 12(1) of the Act is passed, definitely there will be an order under
Section 12(3) of the Act. Admittedly, no final order is passed under Section
12(3) of the Act. Hence the petitioner can raise all these contentions before
the Rent Control Court before passing final orders under section 12(3) of
the Act. Granting liberty to the petitioner to raise all these contentions
before the Rent Control court, this petition can be closed. The contentions
raised in this original petition are left open. While passing final
orders under section 12(3) of the Act, the Rent Controller will consider all
the contentions of the petitioner and will pass appropriate orders in
accordance with the law.
With these observations, this original petition is disposed of.
A. HARIPRASAD,
JUDGE.
P.V.KUNHIKRISHNAN,
JUDGE
amk
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1 TRUE COPY OF I.A.NO.3344/2018 IN
R.C.P.NO.37/2017 FILED BY RESPONDENTS
AGAINST PETITIONER BEFORE THE RENT
CONTROL COURT, PARAPPANANGADI.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT
FILED BY THE PETITIONER TO EXHIBIT P1
IN I.A.NO.3344/2018 IN R.C.P.NO.37/2017
BEFORE THE RENT CONTROL COURT,
PARAPPANANGADI.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 27.3.2019
IN I.A.NO.3344/2018 IN R.C.P.NO.37/2017
PASSED BY THE RENT CONTROL COURT
(MUNSIFF), PARAPPANANGADI.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED
16.12.2020 IN R.C.A.NO.16/2019 PASSED
BY THE COURT OF THE RENT CONTROL
APPELLATE AUTHORITY (ADDITIONAL
DISTRICT JUDGE-II), MANJERI.
RESPONDENTS' EXHIBITS : NIL.
