Shaukath Ali vs Nazeeb Hassan
2021 Latest Caselaw 7676 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT

             THE HONOURABLE MR. JUSTICE A.HARIPRASAD

                                   &

          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

 THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                       OP (RC).No.39 OF 2021

E.P   NO.36/2019       IN   RCOP   3/2015   OF   MUNSIFF   COURT,
CHANGANACHERRY.


PETITIONER     :

              SHAUKATH ALI, AGED 49 YEARS,
              S/O. THAMPI RAWTHER, THOPPIL HOUSE,
              PERUMBAIKKATTUSSERRY KARA,
              PERUMBAIKKADU VILLAGE, PERUMBAIKKADU P. O.,
              KOTTAYAM DISTRICT, PIN - 686 016.

              BY ADVS.
              SRI.S.RANJIT (KOTTAYAM)
              SRI.GOKUL DAS V.V.H.

RESPONDENTS        :

      1       NAZEEB HASSAN, AGED 36 YEARS,
              S/O. HASSAN RAWTHER, THOPPIL HOUSE,
              PAIPPAD VILLAGE, PALLIKKACHIRA P. O.,
              CHANGANACHERRY TALUK, KOTTAYAM,PIN - 686 537.

      2       HANEEFA RAWTHER, AGED 62 YEARS,
              S/O. ALIYAR RAWTHER, PUTHAPRAMBIL HOUSE,
              PAIPPAD VILLAGE, PALLIKKACHIRA P. O.,
              CHANGANACHERRY TALUK, KOTTAYAM, PIN - 686 537.




     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P (R.C) No.39 of 2021                 2




                     A.HARIPRASAD & ZIYAD RAHMAN A.A., JJ.
                      -------------------------------------
                                O.P (R.C) No.39 of 2021
                      -------------------------------------
                          Dated this the 4th day of March, 2021


                                  JUDGMENT

A.Hariprasad, J,

Heard the learned counsel for the petitioner. Having regard to

the nature of reliefs claimed, we do not find any need to issue notice to the

respondents before disposing this matter.

2. According to the averments in the petition, the petitioner is the

actual tenant in respect of a building involved in O.P(R.C) No.3 of 2015

before the Rent Control Court, Changanacherry. It is the case of the

petitioner that the landlord and another person collusively secured an order

of eviction of the premises wherein the petitioner holds a tenancy right and

that is sought to be executed in E.P No.36 of 2019 before the Munsiff,

Changanacherry. The petitioner resisted the execution by filing Ext.P1

application before the execution court. That application was dismissed by

the execution court.

3. Grievance of the petitioner is that the court did not give him a

copy of the order passed on Ext.P1. Before that, delivery was effected in the

evening on 03-03-2021. The reliefs claimed in the petition read as follows :

"(i) to issue a direction to the Munsiff's Court,

Changanacherry to expeditiously issue the carbon copy

of the order passed in E.A No.1/2021 in E.P No.36/2019

in O.P(RC) No.3/2015 whereby the obstruction petition

filed by the petitioner was dismissed.

(ii) to issue a direction to the Munsiff's Court,

Changanacherry to defer the delivery of petition

schedule room in the execution proceedings, in E.P

No.36/2019 in OP(RC) No.3/2015 till the expiry of the

statutory period for filing appeal against the order

dismissing the obstruction petition of the petitioner,

after issuance of the certified copy of the said order.

(iii) to direct the issue such other order or direction which

this Hon'ble court may deem fit and proper in the facts

and circumstances of this case."

Having regard to the facts and circumstances, we allow the

petition and direct the Munsiff, Changanacherry to issue copy of the orders

passed on Ext.P1 to the petitioner within a period of five working days. In

the meantime, there shall be a stay of all proceedings in E.P No.36 of 2019

pending before that court for a period of thirty days from today. It is made

clear that the petitioner's legal remedy, if any available, for repossession

shall be raised before the appropriate court.

A.HARIPRASAD, JUDGE

ZIYAD RAHMAN A.A., JUDGE amk

APPENDIX

PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF E.A.NO.1/2021 IN E.P.NO.36/2019 IN OP(RC) NO.3/2015 BEFORE THE MUNSIFF'S COURT, CHANGANACHERRY (RENT CONTROL COURT, CHANGANACHERRY).

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 01.03.2021 SEEKING TIME TO KEEP THE PROCEEDINGS IN ABEYANCE IN E.P.NO.36/2019 IN OP(RC) NO.3/2015 BEFORE THE MUNSIFF'S COURT, CHANGANACHERRY (RENT CONTROL COURT, CHANGANACHERRY).

RESPONDENTS' EXHIBITS             :       NIL.