Kerala High Court
Prince vs Prince on 15 January, 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 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
OP (RC).No.104 OF 2020
AGAINST THE ORDER DATED 5-3-2020 IN I.A NO.6302 OF 2018 AND
I.A NO.5491 OF 2019 IN RCP 80/2015 OF RENT CONTROL COURT,
CHAVAKKAD.
AGAINST THE ORDER DATED 4-8-2020 IN I.A NO.2 OF 2020 AND
I.A NO.2 OF 2020 IN RCA 72/2020 OF RENT CONTROL APPELLATE
AUTHORITY, THRISSUR.
PETITIONER/PETITIONER/RESPONDENT :
PRINCE, AGED 56 YEARS,
S/O. THOMAS, MULAKKAN HOUSE,
KANIPPAYYUR VILLAGE, KANIPPAYYUR DESOM,
THALAPPILLY TALUK, THRISSUR DISTRICT.
BY ADVS.SRI.RAJIT & SRI.C.DHEERAJ RAJAN.
RESPONDENTS/RESPONDENT/PETITIONERS :
1 DHANYA MARY GEORGE, AGED 39 YEARS,
D/O.GEORGE, VADAKKETHALAKKAL HOUSE, KUNNAMKULAM
VILLAGE, MENCHERY DESOM, THALAPPILLY TALUK,
THRISSUR DISTRICT, REP. BY POWER OF ATTORNEY
HOLDER GEORGE JOB, S/O.IYYAVU, KUNNAMKULAM
VILLAGE, MENCHERY DESOM, THALAPPILLY TALUK,
THRISSUR DISTRICT.
O.P (R.C) No.104 of 2020 2
2 LINCE MATHEW, AGED 43 YEARS,
S/O.MATHEW, CHERUVATHOOR HOUSE, KECHERY VILLAGE,
KECHERY DESOM, KUNNAMKULAM TALUK, THRISSUR
DISTRICT, REP. BY POWER OF ATTORNEY HOLDER GEORGE
JOB, S/O.IYYAVU, KUNNAMKULAM VILLAGE, MENCHERY
DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT.
R1-2 BY ADV. SRI.GEORGE CHERIAN (SR.)
R1-2 BY ADV. SMT.K.S.SANTHI
R1-2 BY ADV. SMT.LATHA SUSAN CHERIAN
R1-2 BY ADV. SRI.GEORGE A.CHERIAN
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (R.C) No.104 of 2020 3
A.HARIPRASAD & P.V.KUNHIKRISHNAN, J J.
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O.P (R.C) No.104 of 2020
--------------------------------------
Dated this the 15th day of January, 2021
JUDGMENT
A.Hariprasad, J
Heard the learned counsel for the petitioner and respondents.
2. Challenge in this original petition is against Ext.P4, Ext.P5 and
Ext.P7 orders passed by the Rent Control Court, Chavakkad in R.C.P
No.80 of 2015. The original petitioner is the tenant sought to be evicted by
the respondents under Section 11 (2) and 11 (3) of the Kerala Buildings
(Lease and Rent Control) Act, 1965. As per Ext.P3 order, the Rent Control
Court passed an order of eviction ex parte. That was sought to be set
aside by filing I.A No.5491 of 2019. That application was filed out of time.
Hence, a petition under Section 5 of Limitation Act for condoning delay was
also filed. As per Ext.P4 order, the Rent Control Court relying on
Ratheesh v. Chacko (2018(4) KLJ 841) dismissed the delay condonation
petition and consequently the petition to set aside the ex parte order too.
3. Learned counsel on both sides agreed that the ratio in
Ratheesh 's case (supra) was overruled by a decision of Full Bench
decision reported in Hamsa.K.K v. Athikottu Snehaletha (F.B) (I.L.R
2020 (4) Kerala 959).
Considering the facts and circumstances, we are inclined to
set aside Ext.P4 and Ext.P5 orders and direct the Rent Control Court to
consider the application on merit within a period of two weeks from the
date of receipt of a copy of this judgment.
It is also directed that the tenant/petitioner shall clear off the
entire admitted arrears within a period of two months from today.
The Rent Control Court, if allows the application, shall 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 THE TRUE COPY OF RCP 80/2015.
EXHIBIT P2 THE TRUE COPY OF THE OBJECTION IN RCP
80/2015.
EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED
6.8.2018 IN RCP 80/2015.
EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED
5.3.2020 IN I.A.5491/2019.
EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED
5.3.2020 IN I.A.6302/2018.
EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED
20.3.2020 IN I.A.1/2020 IN RCA 72/2020.
EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED
4.8.2020 IN I.A.1/2020 AND I.A. 2/2020
IN RCA 72/2020.
RESPONDENTS' EXHIHITS : NIL.
