Kerala High Court
Shine vs Prabhakaran on 19 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
OP (RC).No.145 OF 2019
AGAINST THE ORDER DATED 03-06-2019 IN I.A NO.213 OF 2017 &
I.A NO.3769 OF 2019 IN RCP 144/2013 OF RENT CONTROL COURT,
CHAVAKKAD.
PETITIONER/PETITIONER IN I.A/TENANT :
SHINE, AGED 40 YEARS,
S/O. GANGADHARAN, PANAKKAL HOUSE,
ELAVALLY VILLAGE, ELAVALLY DESOM,
CHAVAKKAD TALUK, THRISSUR DISTRICT 680 506.
BY ADVS.SRI.RAJIT & SRI.C.DHEERAJ RAJAN.
RESPONDENT/RESPONDENT IN I.A/LANDLORD :
1 PRABHAKARAN, AGED 62 YEARS,
S/O. KITTAPPAN, KALLINGAL HOUSE,
ELAVALLY VILLAGE, ELAVALLY DESOM,
CHAVAKKAD TALUK, THRISSUR DISTRICT 680 506.
2 LEELA, AGED 54 YEARS,
W/O. PRABHAKARAN, KALLINGAL HOUSE,
ELAVALLY VILLAGE, ELAVALLY DESOM,
CHAVAKKAD TALUK, THRISSUR DISTRICT 680 506.
O.P (R.C) No.145 of 2019 2
3 SUDHEER, AGED 39 YEARS,
S/O. SREEDHARANNAIR, MANGARE HOUSE,
ELAVALLY VILLAGE, ELAVALLY DESOM,
CHAVAKKAD TALUK, THRISSUR DISTRICT 680 506.
4 ROY, S/O. JOSE, AKKARA HOUSE,
PERUVALLOOR DESOM, MULLASSERRY VILLAGE,
CHAVAKKAD TALUK, THRISSUR DISTRICT 680 506.
R1 & R2 BY ADV. SRI.P.RAMACHANDRAN.
THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON
19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (R.C) No.145 of 2019 3
A.HARIPRASAD & P.V.KUNHIKRISHNAN, J J.
--------------------------------------
O.P (R.C) No.145 of 2019
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Dated this the 19th day of February, 2021
JUDGMENT
A.Hariprasad, J
Heard the learned counsel for the petitioner and respondents.
2. Although service on the third respondent is not complete,
learned counsel for the petitioner submitted that the third respondent
figures in as in the array of respondents because he was not available to
file this petition and there is no conflict of interest between the petitioner
and the third respondent.
3. Challenge in this original petition is against Exts.P4 and P5
orders passed by the Rent Control Court, Chavakkad on I.A No.3769 of
2019 in R.C.P No.144 of 2013 and I.A No.213 of 2017 in the same R.C.P.
4. Petitioner is the tenant, who is sought to be evicted by the
respondents under the provisions of Kerala Buildings (Lease and Rent
Control) Act, 1965. An ex parte order of eviction was passed against him.
He filed an application to set aside the ex parte order with a petition under
Section 5 of the Limitation Act to condone the delay. Both the applications
were dismissed by the court below on the basis of a decision rendered by
this Court in Ratheesh v. A.M.Chacko (2018 (4) KLJ 841). Legality of the
decision was considered by a Full Bench of this Court in Hamsa.K.K v.
Athikottu Snehaletha (F.B) (I.L.R 2020 (4) Kerala 959) and it was found
that the decision does not lay down correct law.
Having regard to the change in the legal proposition, we find
that the orders passed by the Rent Control Court is not legally sustainable.
Therefore, we set aside Exts.P4 and P5 orders. We direct the Rent Control
Court to dispose of the case within a period of three months from the date
of receipt of a copy of this judgment.
A. HARIPRASAD,
JUDGE.
P.V.KUNHIKRISHNAN,
JUDGE
amk
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1 TRUE COPY OF I.A 213/2017 IN RCP
144/2013 ON THE FILES OF THE RENT
CONTROL COURT, CHAVAKKAD FILED BY THE
REVISION PETITIONER HEREIN U/S 23(1)
(h) OF THE KERALA BUILDINGS (LEASE AND
RENT CONTROL ) ACT.
EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT HEREIN IN IA 213/2017 IN RCP
144/2013 ON THE FILES OF THE RENT
CONTROL COURT, CHAVAKKAD.
EXHIBIT P3 TRUE COPY OF IA 3769/2019 FILED BEFORE
THE RENT CONTROL COURT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 03-06-2019
IN IA 3769/2019 IN RCP 144/2013 ON THE
FILES OF THE RENT CONTROL COURT,
CHAVAKKAD.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 03-06-2019
IN IA 213/2017 IN RCP 144/2013 ON THE
FILES OF THE RENT CONTROL COURT,
CHAVAKKAD.
RESPONDENTS' EXHIBITS : NIL.
