Kerala High Court
Rajeevan vs Joy on 18 May, 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 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943
OP (RC) NO. 60 OF 2021
AGAINST THE ORDER IN I.A NO.1 OF 2020 IN IN RCA NO.64 OF
2020 OF THE RENT CONTROL COURT APPELLATE AUTHORITY,
THRISSUR AND RCP 127/2014 OF RENT CONTROL COURT, THRISSUR
PETITIONER/RESPONDENT/RESPONDENT :
RAJEEVAN, AGED 61 YEARS,
0
S/O. THEKKEVARIYATH E. SANKARA WARRIER,
KEERANKULANGARADESOM, CHEMBUKAVU VILLAGE,
THRISSUR TALUK.
BY ADVS.
LINDONS C.DAVIS
SMT.E.U.DHANYA
SRI.RAJITH DAVIS
RESPONDENT/PETITIONER/APPELLANT :
JOY, AGED 57 YEARS,
0
S/O. KANNAMPUZHA DANIEL, THOTTATHIL LANE,
CHELAKKOTTUKARADESOM, CHIYYARAM VILLAGE,
THRISSUR TALUK.
THIS OP (RENT CONTROL) HAVING COME UP FOR
ADMISSION ON 18.05.2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
O.P.(RC) No.60 of 2021 2
A.HARIPRASAD & ZIYAD RAHMAN A.A., JJ.
-------------------------------------
O.P (R.C) No.60 of 2021
-------------------------------------
Dated this the 18th day of May, 2021
JUDGMENT
A.Hariprasad, J,
Heard the learned counsel for the petitioner.
Aggrieved by Ext.P5 order, the petitioner/landlord
has approached this Court. Landlord got an order of eviction
from the Rent Control Court, Thrissur under Sections 11(3) and
11(4)(i) of the Kerala Buildings (Lease and Rent Control), Act,
1065 (in short 'the Act'). Respondent/tenant, aggrieved by the
order of eviction, approached the Rent Control Appellate
Authority, Thrissur with R.C.A No.64 of 2020. Along with the
R.C.A, an application for stay (Ext.P3) was filed. In Ext.P3, the
petitioner/landlord filed Ext.P4 counter statement. In that
matter, Ext.P5 order was passed by the Appellate Authority.
Grievance of the petitioner is that the tenant/respondent had
kept the rent in arrears and that is why the landlord had
opposed the blanket stay of eviction order. However, the Rent
Control Appellate Authority observed in paragraph 7 of Ext.P5
that the grievance expressed by the petitioner/landlord with
regard to non payment of rent could be taken care of by
expediting the disposal of the appeal. According to the learned
counsel, this observation is legally incorrect and it invades the
right of the petitioner/landlord to file an application under
Section 12(3) of the Act.
Having regard to the facts and circumstances, we are
of the view that the petitioner/landlord's statutory right to
approach the Rent Control Appellate Authority to stop the
proceedings under Section 12(3) of the Act, if the
respondent/tenant had kept rent in arrears cannot be taken
away by this order. Therefore, we clarify that the observation
made by the Appellate Authority will never stand in the way of
the respondent/tenant moving the court by an appropriate
application for alleviating the complaint against keeping rent in
arrears by the petitioner/landlord.
The original petition is disposed of accordingly.
A.HARIPRASAD,
JUDGE
ZIYAD RAHMAN A.A.,
JUDGE
amk
APPENDIX
ANNEXURE/EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER DATED
31.01.2020 IN R.C.P. NO. 127/2014 OF
THE RENT CONTROL COURT, THRISSUR.
EXHIBIT P2 A TRUE COPY OF THE APPEAL MEMORANDUM IN
R.C.A. NO. 64/2020.
EXHIBIT P3 A TRUE COPY OF THE I.A. NO. 1/2020 IN
R.C.A. NO. 64/2020.
EXHIBIT P4 A TRUE COPY OF THE COUNTER AFFIDAVIT IN
I.A. NO. 1/2020 IN R.C.A. NO. 64/2020.
EXHIBIT P5 A COPY OF THE ORDER DATED 10.03.2021 IN
I.A. NO. 1/2020 IN R.C.A NO. 64/2020.
