Kerala High Court
Sreedharan.K.Nair vs Souda on 16 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
OP (RC).No.16 OF 2021
AGAINST THE ORDER/JUDGMENT IN RCP 167/2013 OF PRINCIPAL MUNSIFF
COURT ,KOZHIKODE-II
PETITIONER/S:
1 SREEDHARAN.K.NAIR,
AGED 67 YEARS, S/O KOMAPPAN NAIR, ACHUTHAM,
P.M.KUTTY ROAD, NEAR VELLANGOTTU TEMPLE, SWARALAYA
RESIDENTS ASSOCIATION NO.128, KACHERI AMSOM DESOM,
KOZHIKODE.
2
UMMER KOYA, AGED 61, S/O MUHAMMED
19/846, WOOD TECH INDUSTRIES, EAST KALLAI ROAD
KASABA AMSOM DESOM, KOZHIKODE.
BY ADVS.
SRI.K.M.FIROZ
SMT.M.SHAJNA
RESPONDENT/S:
1 SOUDA,
AGED 55 YEARS,
D/O MOHAMMED KOYA, BEACH P.O., PEEYEES,
NAGARAM AMSOM DESOM, KOZHIKODE 673032
2
CHIRAMMAL LONAPPAN GEORGE
AGED 64, S/O C.P.LONAPPAN, PERUMANOOR AMSOM,
ELAAMKULAM VILLAGE, KANAYANOOR TALUK, ERNAKULAM
R1 BY ADV. SRI.K.SANEESH KUMAR
R1 BY ADV. SMT.V.B.SANTHINI
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P. (R.C) No. 16 of 2021 2
A.HARIPRASAD & P.V.KUNHIKRISHNAN, JJ
-------------------------------------------------
O.P. (R.C) No. 16 of 2021
--------------------------------
Dated this the 16th day of February, 2021
JUDGMENT
P.V.KUNHIKRISHNAN, J.
This original petition is filed challenging Exts.P8 and P9
orders passed by the Rent Control Appellate Authority/Additional
District Court-V, Kozhikode. Petitioners herein are the
appellants/Tenants and the 1st respondent herein is the 1st
respondent/landlord in RCA 180/2016 now pending before the
Rent Control Appellate Authority. The second respondent herein
is the 2nd respondent in the above appeal to whom the tenants
allegedly sublet the building.
2. Ext.P8 is an order passed by the Appellate Authority in an
application filed by the petitioners for issuing a commission at the
appellate stage. Ext.P9 is an order passed by the Appellate
Authority, in which the application was filed to amend the counter
statement filed by the petitioners in the Rent Control Petition.
The commission application was filed at the appellate stage with
a contention that the landlord obtained an adjacent room to the
petition schedule room through another rent Control proceedings
in which tenant was different. According to the petitioners, the
bonafide need projected by the landlord in that Rent Control
Proceedings and in this Rent Control Proceedings is one and the
same. Now, the counsel for the landlord produced a copy of the
order dated 25.2.2017 in RCP No. 193/2013 of the Rent Control
Court/Additional District Court-V, Kozhikode. The counsel for the
landlord submitted that the need projected in the above rent
control proceedings is the need of another son of the landlord.
3. At this stage, the counsel for the petitioners submitted
that the tenants will be satisfied if the Appellate Authority
considers the impact of the order dated 25.2.2017 in RCP No.
193/2013 also, while considering the present Rent Control
Appeal. The Counsel for the landlord also has no objection for the
same. As far as the amendment application is considered, the
prayer of the petitioners is to add pleadings in the counter based
on 3rd proviso to Section 11 (3) of the Kerala Buildings (Lease and
Rent Control) Act 1965. Any legal contentions can be taken by
parties to a lis even without pleadings if it will not prejudice the
interest of the other parties.
4. Therefore we make it clear that, if any legal contentions
are raised by the petitioners before the Appellate Authority, the
Appellate Authority will consider the same, in accordance with
the law. Moreover, the parties are free to produce the order dated
25.2.2017 in RCP No. 193/2017 before the Rent Control Appellate
Authority. If the same is produced, the Appellate Authority will
consider the same in accordance with the law, while considering
the Rent Control Appeal. But in the facts and circumstances of
this case, we are not inclined to interfere with Exhibit P8 and
Exhibit P9 orders.
Hence the above O.P.(R.C.) is dismissed with the above
observations.
sd/-
A.HARIPRASAD
JUDGE
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE RENT CONTROL PETITION IN RCP NO.167 OF
2013 ON THE FILES OF RENT CONTROL COURT, KOZHIKODE.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT IN RCP NO.167
OF 2013 ON THE FILES OF RENT CONTROL COURT, KOZHIKODE
EXHIBIT P3 TRUE COPY OF THE ORDER IN RCP NO.167 OF 2013 DATED
18.2.2016 ON THE FILES OF RENT CONTROL COURT, KOZHIKODE
EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED AS RCA
NO.180 OF 2015 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY,
KOZHIKODE
EXHIBIT P5 TRUE COPY OF THE INTERIM APPLICATION ALONG WITH
AFFIDAVIT FILED AS IA NO.1613 OF 2019 IN RCA NO.180 OF 2016 ON THE
FILES OF RENT CONTROL APPELLATE AUTHORITY, KOZHIKODE
EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT FILED ALONG WITH IA NO.1 OF
2020 IN RCA NO. 180 OF2016 ON THE FILES OF RENT CONTROL APPELLATE
AUTHORITY, KOZHIKODE.
EXHIBIT P7 TRUE COPY OF THE COUNTER FILED BY THE 1ST RESPONDENT IN
IA NO.1 OF 2020 IN RCA NO. 180 OF2016 ON THE FILES OF RENT CONTROL
APPELLATE AUTHORITY, KOZHIKODE
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 26.11.2020 IN IA NO. 1613
OF 2019 IN RCA NO. 180 OF 2016.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 26.11.2021 IN IA NO. 1 OF
2020 IN RCA NO.180 OF 2016 PASSED BY THE RENT CONTROL APPELLATE
AUTHORITY, KOZHIKODE.
RESPONDENT'S EXHIBITS : NIL
