Kerala High Court
Revision vs Unknown on 29 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
RCRev..No.29 OF 2019
AGAINST THE COMMON JUDGMENT IN RCA 101/2018 DATED
26-07-2018 OF RENT CONTROL APPELLATE AUTHORITY/DISTRICT
JUDGE, KOZHIKODE.
AGAINST THE ORDER IN I.A NO.1346 OF 2017 IN RCP 162/2012
DATED 19-01-2018 OF RENT CONTROLLER/PRINCIPAL MUNSIFF - I,
KOZHIKODE.
REVISION PETITIONERS/APPELLANTS/PETITIONERS 1 AND 2 IN I.A/
RESPONDENTS 1 AND 3 IN RCP:
1 ABDU.K, AGED 48 YEARS,
S/O KUTTY HASSAN, RESIDING AT KAZHAKALI HOUSE,
KURUVATTUR AMSOM, CHERUVATTA DESOM,
P.O PARAMBIL, KOZHIKODE- 673 012.
2 AFSAL, AGED 44 YEARS,
S/O KATHIRI, RESIDING AT ERINGATT HOUSE,
KURUVATTUR AMSOM, CHERUVATTA DESOM,
P.O PARAMBIL, KOZHIKODE - 673 012.
BY ADVS.SRI.V.V.SURENDRAN & SRI.P.A.HARISH.
RESPONDENTS/RESPONDENTS/RESPONDENTS AND 3RD PETITIONER
IN I.A AND PETITIONERS AND RESPONDENTS 2, 4 AND 5 IN RCP:
1 NAZAR, AGED 48 YEARS,
S/O.HAMEED SHA, RESIDING AT 32/1642,
KAILADIPARAMBA, CHELAVOOR AMSOM DESOM,
PO.CHELAVOOR, KOZHIKODE-673571.
R.C.R Nos.29 & 61 of 2019 2
2 SAFEERA, AGED 44 YEARS,
D/O.P.P.ABOOBACKER, RESIDING AT
KAILADIPARAMBA, CHELAVOOR AMSOM DESOM.P.O.,
CHELAVOOR, KOZHIKODE-673571.
3 ASHRAF, AGED 50 YEARS,
S/O.ALIKUTTY, RESIDING AT KALATHINGAL HOUSE,
KURUVATTOM AMSOM, CHERUVATTA DESOM,
PO.PARAMBIL, KOZHIKODE-673012.
4 JAMSHEER.C.P, AGED 34 YEARS,
S/O.C.P.MAMMUKUTTY, RESIDING AT
CHINDAMPOUNATHIL HOUSE,
KURUVATTOR AMSOM, CHERUVATTA DESOM,
PO.PARAMBIL, KOZHIKODE-673012.
5 SHAMMER.P, AGED 34 YEARS,
S/O.VANKANAKKIL KOYA, RESIDING AT
VANKANAKKIL HOUSE, KURUVATTOR AMSOM,
CHERUVATTA DESOM.P.O.PARAMBIL,
KOZHIKODE-673012.
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 29.01.2021, ALONG WITH RCRev.NO.61/2019, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
R.C.R Nos.29 & 61 of 2019 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
RCRev..No.61 OF 2019
AGAINST THE COMMON JUDGMENT IN RCA 100/2018 DATED
26-07-2018 OF RENT CONTROL APPELLATE AUTHORITY/DISTRICT
JUDGE, KOZHIKODE.
AGAINST THE ORDER IN I.A NO.1347 OF 2017 IN RCP 162/2012
DATED 19-01-2018 OF RENT CONTROLLER/PRINCIPAL MUNSIFF - I,
KOZHIKODE.
REVISION PETITIONERS/APPELLANTS/PETITIONER 1 AND 2 IN I.A
AND RESPONDENTS 1 AND 3 IN RCP :
1 ABDU K, AGED 48 YEARS,
S/O.KUTTY HASSAN, RESIDING AT KAZHAKALI HOUSE,
KURUVATTUR AMSOM, CHERUVATTA DESOM,
PO.PARAMBIL, KOZHIKODE-673012.
2 AFSAL, AGED 44 YEARS,
S/O.KATHIRI, RESIDING AT ERINGATT HGOUSE,
KURUVATTUR AMSOM, CHERUVATTA DESOM,
PO.PARAMBIL, KOZHIKODE-673012.
BY ADVS.SRI.V.V.SURENDRAN & SRI.P.A.HARISH
R.C.R Nos.29 & 61 of 2019 4
RESPONDENTS/RESPONDENTS/RESPONDENTS AND 3RD PETITIONER IN
I.A AND PETITIONERS AND RESPONDENTS 2, 4 AND 5 IN RCP :
1 NAZAR, AGED 48 YEARS,
S/O.HAMEED SHA, RESIDING AT 32/1642,
KAILADIPARAMBA, CHELAVOOR AMSOM DESOM,
PO.CHELAVOOR, KOZHIKODE-673571.
2 SAFEERA, AGED 44 YEARS,
D/O.P.P.ABOOBACKER, RESIDING AT KAILADIPARAMBA,
CHELAVOOR AMSOM DESOM.P.O., CHELAVOOR,
KOZHIKODE-673571.
3 ASHRAF, AGED 50 YEARS,
S/O.ALIKUTTY, RESIDING AT KALATHINGAL HOUSE,
KURUVATTOM AMSOM, CHERUVATTA DESOM,
PO.PARAMBIL, KOZHIKODE-673012.
4 JAMSHEER.C.P, AGED 34 YEARS,
S/O.C.P.MAMMUKUTTY, RESIDING AT
CHINDAMPOUNATHIL HOUSE, KURUVATTOR AMSOM,
CHERUVATTA DESOM, PO.PARAMBIL, KOZHIKODE-
673012.
5 SHAMMER.P, AGED 34 YEARS,
S/O.VANKANAKKIL KOYA, RESIDING AT VANKANAKKIL
HOUSE, KURUVATTOR AMSOM, CHERUVATTA
DESOM.P.O.PARAMBIL, KOZHIKODE-673012.
R1 & R2 BY ADV. SMT.M.SHAJNA
R1 & R2 BY ADV. SRI.K.M.FIROZ
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 29.01.2021, ALONG WITH RCRev.NO.29/2019, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
R.C.R Nos.29 & 61 of 2019 5
A.HARIPRASAD & T.V.ANILKUMAR, J J.
--------------------------------------
R.C.R Nos.29 & 61 of 2019
--------------------------------------
Dated this the 29th day of January, 2021
COMMON ORDER
A.HARIPRASAD, J
Heard the learned counsel for the revision petitioners and the
respondents. Since these matters are intrinsically interconnected, we
dispose them by this common order.
2. Revision petitioners are the tenants under the respondent
Nos.1 and 2. Respondent Nos. 1 and 2 filed a petition for eviction of the
revision petitioners urging a ground under Sections 11(3) of the Kerala
Buildings (Lease and Rent Control) Act, 1965 (in short 'the Act'). When the
matter was posted for trial, the revisions petitioners could not attend the
court and therefore an ex-parte order of eviction was passed against them.
Thereafter, they filed two applications before the Rent Control Court to set
aside the ex-parte order of eviction and to condone delay in filing that
application by invoking Section 5 of the Limitation Act. Rent Control Court
disposed of the delay condonation application on merits by finding that
there is no sufficient cause shown for condonation of delay.
3. Feeling aggrieved, the tenants approached the Rent Control
Appellate Authority with two separate rent control appeals. Both the
appeals were dismissed by the Rent Control Appellate Authority finding
that the Rent Control Court has no jurisdiction to condone delay by
invoking Section 5 of the Limitation Act.
4. Even though, the Rent Control Appellate Authority has not
placed reliance on Ratheesh v. A.M.Chacko ((2018(4) KLJ 841) , the
principle stated therein was applied with reference to some decisions
rendered by the apex court. The ratio in Ratheesh 's case (supra) was
doubted by a Division Bench and referred to a Full Bench. The Full Bench
in Hamsa K.K v. Athikottu Snehaletha (F.B) (I.L.R 2020 (4) Kerala 959)
answered the reference finding that in Ratheesh 's case (supra), law was not
correctly laid down. It was also found that the Rent Control Court in an
appropriate case can condone delay on establishing sufficient cause.
5. It is brought to our notice that the Rent Control Appellate
Authority has not considered the merit of the contentions of the tenants. It
mainly disposed of the appeals on some legal principles.
6. After hearing the learned counsel on both sides and having
regard to the fact that the delay occurred in filing an application to set
aside the ex-parte order of eviction is only six days, we hereby allow the
revision petitions and set aside the orders passed by the Rent Control Court
and the Appellate Authority.
In the result, the revision petitions are allowed.
I.A Nos.1346 & 1347 of 2017 in R.C.P No.162 of 2012 are
allowed. The ex-parte order of eviction passed against the revision
petitioners is set aside.
Parties are directed to appear before the Rent Control Court,
Kozhikode on 22nd February, 2021.
The Rent Control Court shall dispose of the matter on merits
before 30th May, 2021.
All pending interlocutory applications will stand closed.
A. HARIPRASAD,
JUDGE.
T.V.ANILKUMAR
JUDGE
amk
