Poothatta Sanakan vs Poothatta Sanakan
2021 Latest Caselaw 2824 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE GOPINATH P.

      MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                         OP(C).No.226 OF 2021

 AGAINST THE ORDER DATED 04-01-2021 IN EP 43/2020 OF RENT CONTROL
                 COURT, KANNUR IN RCP No.169/2015


PETITIONER/RESPONDENT:

             POOTHATTA SANAKAN
             AGED 59 YEARS
             S/O.KUMARAN, TAILOR, CHEETHA TAILORS,
             SUPER BAZAR COMPLEX, FORT ROAD, KANNUR - 680 005.

             BY ADV. SMT.SADHANA KUMARI ESWARI

RESPONDENT/PETITIONER:

             K.K.ZAINABI
             AGED ABOUT 68, W/O.MUSTHAFA,
             ZAINAS VILLA, THAYETHERU,
             KANNUR, PIN - 670 012.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (C) No.226/2021                    -2-



                             GOPINATH P., J.
                  -------------------------------------------------
                    O.P (C). No. 226 OF 2021
                  -------------------------------------------------
             DATED THIS THE 25th DAY OF JANUARY, 2021

                             JUDGMENT

This original petition has been filed seeking the following

reliefs:

"1. Stay the Ext.P6 order dated 04-01-2021 of the Rent Control Court (Munsiff), Kannur and allow the petitioner to continue in the shop room on payment of enhanced rent from Rs.3,500/- to Rs.4,500/-.

2. In the alternative allow the petitioner to continue in the building for 12 months from today."

Relief No.1 is not one that can be granted by this court. The

petitioner has already suffered Ext.P3 order through which he

was required to hand over possession of the room in question on

or before 07-01-2020. Relief No.2 also cannot be granted in the

light of Ext.P4 judgment of this court in O.P (C) No.1239/2020.

Original Petition fails and it is accordingly dismissed.

(Sd/-) GOPINATH P.

JUDGE AMG

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE LAWYER'S NOTICE DATED 21/01/2014.

EXHIBIT P2 THE TRUE COPY OF RCP 169/2015 OF RENT CONTROL COURT, KANNUR, ALONG WITH TYPED COPY.

EXHIBIT P3 TRUE COPY OF THE ORDER IN RCP 169/2015 OF RENT CONTROL, KANNUR.

EXHIBIT P4 TRUE COPY OF THE ORDER DT. 22/12/20 IN OP(C) 1239/2020 OF HON'BLE HIGH COURT.

EXHIBIT P5 THE TRUE COPY OF THE APPLICATION REQUESTING TO REFER TO MEDIATION AND TIME FOR VACATING.

EXHIBIT P6 TRUE COPY OF THE ODER IN PASSED ON 04/01/2021.