Haris.P.K vs P.M.Ramla
2021 Latest Caselaw 7058 Ker

R.C.R.No.46/2021                  1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE A.HARIPRASAD

                                  &

             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                         RCRev..No.46 OF 2021

  AGAINST THE ORDER/JUDGMENT IN RCA 27/2019 DATED 17-11-2020 OF
        DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS
                       TRIBUNAL ,KASARAGOD

  AGAINST THE ORDER/JUDGMENT IN RCP 18/2018 DATED 31-10-2019 OF
                     MUNSIFF COURT, HOSDRUG


REVISION PETITIONER/S:

                HARIS.P.K.,
                AGED 40 YEARS,
                S/O.ABOOBACKER P.M, R/AT VADAKKAN VALAPPIL HOUSE,
                P.O CHITHARI, CHITHARI VILLAGE,
                HOSDURG TALUK 671 316.

                BY ADV. SRI.A.ARUNKUMAR

RESPONDENT/S:

                P.M.RAMLA,
                AGED 40 YEARS,
                D/O.LATE P.M MAMMUNHI HAJI, NOW R/AT KUNIYA,
                PERIYA VILLAGE, PERIYA P.O, HOSDURG TALUK 671 316.

                R1 BY ADV.SRI.B.DEEPAK

     THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
     01.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 R.C.R.No.46/2021                  2




                          JUDGMENT

Dated this the 1st day of March, 2021

A.Hariprasad, J.

Revision petitioner is the tenant who is sought to be evicted

in R.C.P.No.18/2018 before the Rent Control Court, Hosdurg.

Aggrieved by the order of eviction, the tenant preferred an

appeal before the Rent Control Appellate Authority, Kasaragod

as R.C.A.No.27/2019. That appeal was dismissed finding that the

tenant/appellant was absent at the time when the matter was

posted for hearing. The Rent Control Court, by the judgment

dated 17.11.2020, dismissed the appeal. That judgment is under

challenge. After hearing the learned counsel on both sides, we

are of the view that a meritorious matter shall not be thrown out

at the threshold. The parties should be allowed to raise their

contentions before the appellate authority. Hence, we set aside

the judgment passed by the Rent Control Appellate Authority,

Kasaragod in R.C.A.No.27/2019 and direct the appellate

authority to dispose of the appeal on merits within a period of

three months from the date of production of the judgment. The

learned counsel for the appellant submitted that there is a huge

arrears of rent and that aspect also may be considered by the

Appellate Authority while considering the matter. The execution

petition, if any, pending shall be kept on hold until disposal of the

appeal by the Appellate Authority.

Petitioner shall appear before the Appellate Authority on

22.03.2021.

Sd/-

A.HARIPRASAD JUDGE

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

DG