A.K.Asokan vs A.K.Asokan
2021 Latest Caselaw 2617 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT

          THE HONOURABLE MR. JUSTICE A.HARIPRASAD

                             &

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

   FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                   OP (RC).No.149 OF 2019

AGAINST THE ORDER OF DISMISSAL OF AN APPLICATION FOR DEAY IN
  FILING APPLICATION FOR SETTING ASIDE AN EX PARTE ORDER (IA
 NO.2320/2018 IN RCP NO.26/2016) AND APPLICATION FOR SETTING
    ASIDE EX PARTE (IA NO.2321/18 IN RCP NO.26/2016) ON THE
           FILES OF THE RENT CONTROL COURT,CHAVAKKAD


PETITIONER/PETITIONER/RESPONDENT:

            A.K.ASOKAN
            AGED 39 YEARS
            S/O.KUMARAN, AYINUR HOUSE, NEAR PAZHANJI SCHOOL,
            PAZHANJI (P.O), PIN-680542, PAZHANJI VILLAGE,
            THALPPILLY TALUK, THRISSUR DISTRICT.

            BY ADVS.
            SRI.SANTHARAM.P
            SMT.REKHA ARAVIND
            SRI.PAUL P. ABRAHAM

RESPONDENT/RESPONDENT/PETITIONER:

            MANOJ
            AGED 35 YEARS
            S/O.APPU, ARAYARATH HOUSE, ARTHATT DESOM ARTHATT
            (P.O.), ARTHATT VILLAGE, THALAPPILLY TALUK,
            THRISSUR DISTRICT.

            BY ADV. SRI.D.VIMAL DEV

     THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(RC)No.149 of 2019

                                 :-2-:

        Dated this the 22nd day of January, 2021

                         J U D G M E N T

A.HARIPRASAD, J.

The petitioner is the tenant who is sought to

be evicted in R.C.P.No.26/2016 on the file of Rent

Control Court, Chavakkad. Ext.P4 is the ex parte

order passed against the revision petitioner

allowing the landlord's claim of eviction under

Sections 11(2) and 11(3) of the Kerala Building

(Lease and Rent Control) Act, 1965. Exts.P2 and P3

are the applications filed by the tenant/petitioner

to set aside ex parte order and to condone the

delay in filing such an application. Those

applications were dismissed as per Exts.P4 and P5

orders. Exts.P4 and P5 orders are under challenge

in this original petition. Having regard to the

dictum laid down by a Full Bench decision reported

in Faisal v. Vikas Chacko (2020(6) KLT 722) vide O.P.(RC)No.149 of 2019

:-3-:

judgment dated 03.12.2020, we find that the Rent

Control Court has power to condone delay by

invoking Section 5 of the Limitation Act in

appropriate cases. Therefore, the view taken by the

Rent Control Court cannot be justified.

In the result, original petition is allowed.

The Rent Control Court is directed to consider

merit of Exts.P2 and P3 applications afresh and

dispose of the applications within a period of one

month from the date of receipt of certified copy of

this judgment. Till such time, the execution will

remain stayed.

All pending interlocutory applications are

closed.

Sd/-

A.HARIPRASAD JUDGE

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P.(RC)No.149 of 2019

:-4-:

APPENDIX OF OP (RC) 149/2019

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 9.01.2017 IN R.C.P.NO.26/2016 ON THE FILES OF THE RENT CONTROL COURT, CHAVAKKAD.

EXHIBIT P2 TRUE COPY OF THE PETITION TO CONDONE THE DELAY OF 135 DAYS (I.A.NO.2320/2018 IN RCP NO.26/2016) ON THE FILES OF THE RENT CONTROL COURT, CHAVAKKAD.

EXHIBIT P3 TRUE COPY OF THE PETITION TO SET ASIDE THE EX-PARTE ORDER (I.A.2321/2018 IN RCP NO.26/2016) ON THE FILES OF THE RENT CONTROL COURT, CHAVAKKAD.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 03.07.2019 IN I.A.NO.2320/2018 IN RCP NO.26/2016 ON THE FILES OF THE RENT CONTROL COURT, CHAVAKKAD.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 3.07.2019 IN I.A.NO.2321/2018 IN RCP NO.26/2016 ON THE FILES OF THE RENT CONTROL COURT, CHAVAKKAD.

EXHIBIT P6 TRUE COPY OF THE I.A.NO.3109/2019 IN RCA NO.151/2019 ON THE FILES OF THE RENT CONTROL APPELLATE AUTHORITY/DISTRICT JUDGE, THRISSUR.