Kerala High Court
Sebastin vs Assad on 2 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
OP (RC).No.24 OF 2021
AGAINST THE ORDER/JUDGMENT IN EP 10/2019 OF MUNSIFF COURT,
ETTUMANOOR.
PETITIONER/DECREE HOLDER :
SEBASTIN, AGED 77 YEARS,
S/O. LATE JOSEPH, CHIRAYIL HOUSE,
KIZHAKKUMBHAGOM KARA, ETTUMONOOR VILLAGE,
ETTUMANOOR P. O., NOW RESIDING ABOARD AND
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
DR. ABEY MATHEW, AGED 42 YEARS,
MEDICAL PRACTTIONER, PAMPACKAL HOUSE,
PANAMPALAM KARA, ARPOORKARA EAST P. O.,
KOTTAYAM - 686008.
BY ADV. SRI.R.VENUGOPAL.
RESPONDENT/JUDGMENT DEBTOR :
ASSAD, AGED 50 YEARS,
S/O. ASSIS, KALARICCKAL HOUSE,
THAVALAKUZHY, ETTUMANOOR, BUILDING NO.7/490 OF
ETTUMANOOR MUNICIPALITY, ERSTWHILE BUILDING
NO.490/VII OF ETTUMANOOR PANCHAYAT,
CENTRAL JUNCTION, ETTUMANOOR,
PIN - 686 631.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (RC) No.24 of 2021 2
A.HARIPRASAD & ZIYAD RAHMAN A.A., JJ.
-------------------------------------
OP (RC) No.24 of 2021
-------------------------------------
Dated this the 2nd day of March, 2021
JUDGMENT
A.Hariprasad, J.
Heard the learned counsel for the petitioner.
2. Reliefs sought for in the petition read thus :
"a) direct the Rent Control Court, Ettumanoor to dispose of
the Execution Petition No.10/2019 in RCP No.3/2015
within a time frame fixed by this Honourable Court.
b) direct the respondent to pay the entire arrears of rent
as per Exhibit P1 order of the Rent Control Court.
c) such other order or direction as this Honourable Court
may feel just and proper in the facts and circumstances
of the case.
d) Cost of the proceedings."
3. Considering the nature of reliefs claimed, we called for a report
from the Additional District Judge, Kottayam (Rent Control Appellate
Authority) directing the Authority to indicate the time within which RCA
No.42 of 2016 pending before it could be disposed of. In response to the
direction, the Rent Control Appellate Authority mentioned in its report that
the above appeal was posted to 01-03-2021 (yesterday).
4. Learned counsel for the petitioner submitted that the matter is
posted today (02-03-2021) for hearing. It is pointed out by the learned
counsel for the petitioner that in the appeal, I.A No.1755 of 2018 has been
filed under Section 12 of the Kerala Buildings (Lease and Rent Control) Act,
1965 (in short 'the Act') for directing the tenant/appellant to deposit
admitted arrears of rent. Despite passing an order thereon, no admitted
arrears of rent has been deposited is the contention. Learned counsel for the
petitioner placed reliance on a decision report in State of Maharashtra and
Another v. Super Max International Private Limited and Others (2009)9 SCC
772, which has been relied on by this Court in Thalish A.H v. Binu Raj S
(2011(3) KHC 144).
5. All these issues can be raised before the Appellate court.
However, we deem it fit to direct the Rent Control Appellate Authority,
Kottayam to dispose of RCA No.42 of 2016 within a period of one month
from the date of receipt of a copy of this judgment. Rent Control Appellate
Authority also shall consider the claim raised by the petitioner/landlord on
an application filed under Section 12 of the Act.
Original petition is disposed of as above.
A.HARIPRASAD,
JUDGE
ZIYAD RAHMAN A.A.,
JUDGE
amk
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1 PHOTOCOPY OF THE ORDER OF RENT CONTROL
COURT, ETTUMANOOR, IN RCP NO.3/2015
DATED 30.07.2016.
EXHIBIT P2 PHOTOCOPY OF THE APPEAL NAMELY RCA
NO.42/2016, DISTRICT COURT, KOTTAYAM.
EXHIBIT P3 PHOTOCOPY OF EXECUTION PETITION
NO.10/2019.
RESPONDENT'S EXHIBITS : NIL.
