Kerala High Court
Rajan Varghese vs Rojesh Varkey on 13 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
O.P.(RC) NO.60 OF 2019
AGAINST ORDER DATED 30.11.2018 IN I.A.NO.2814 OF 2018 IN R.C.P.NO.2
OF 2016 OF THE RENT CONTROL COURT, THIRUVALLA
PETITIONER/S:
RAJAN VARGHESE,
AGED 48 YEARS,
S/O.THOMAS VARGHESE,
RESIDING AT MALIYEKKAL MALAYIL HOUSE,
THEKKEKKARA MURI, MADATHUMBHAGOM,
PURAMATTOM VILLAGE, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT.
BY ADVS.
CHERIAN GEE VARUGHESE
SRI.P.HARIDAS
SRI.BIJU HARIHARAN
SRI.R.B.BALACHANDRAN
SRI.RENJI GEORGE CHERIAN
SRI.P.C.SHIJIN
SRI.RISHIKESH HARIDAS
RESPONDENT/S:
1 ROJESH VARKEY,
AGED 48 YEARS,
S/O.VARKEY,
RESIDING AT ANGATHETHU HOUSE,
PULLATTU MURI,
ERAVIPEROOR VILLAGE,
THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT,
PIN - 689101.
O.P.(RC) NO.60 OF 2019
2
2 ELIZABETH SAM,
AGED 42 YEARS,
W/O.ROJESH VARKEY,
RESIDING AT ANGATHETHU HOUSE,
PULLATTU MURI,
ERAVIPEROOR VILLAGE,
THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT,
PIN - 689101.
BY ADVS.
SRI.ABRAHAM SAMSON
SMT.LOVELY SAMSON
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(RC) NO.60 OF 2019
3
JUDGMENT
Anil K. Narendran, J.
The petitioner is the respondent-tenant in R.C.P. No.2 of
2016 on the file of the Rent Control Court (Munsiff), Thiruvalla,
a petition filed by the respondents herein-landlords under
Section 11(2), 11(3) and 11(4)(ii) of the Kerala Buildings (Lease
and Rent Control) Act, 1965, seeking eviction of the tenants
from the petition schedule builiding. The petitioner has filed this
original petition under Article 227 of the Constitution of India,
seeking an order to set aside Ext.P10 order dated 30.11.2018 of
the Rent Control Court in I.A. No.2814 of 2018 of R.C.P. No.2 of
2016.
2. On 01.04.2019, when this original petition came up
for admission, this Court admitted the matter on file and issued
notice to the respondents by special messenger. This Court has
granted an interim order staying the order of eviction in R.C.P.
No.2 of 2016 till 05.04.2019. The said interim order, which was
extended from time to time was extended till 15.06.2021.
3. On 09.09.2021, when this original petition came up
O.P.(RC) NO.60 OF 2019
for consideration, this Court passed the following order;
"The petitioner has filed this original petition under Article
227 of the Constitution of India, seeking an order to set
aside Ext.P10 order dated 30.11.2018 in I.A.No.2814 of
2018 in R.C.P.No.2 of 2016 of the Rent Control Court,
Thiruvalla, which is one passed under Section 12 of the
Kerala Buildings (Lease and Rent Control) Act, 1965. The
document marked as Ext.P11 is the order passed by the
Rent Control Court under Section 12(3) of the Act, which
is one dated 07.01.2019, against which the petitioner will
have to invoke the appellate remedy under Section 18(1)
(b) of the Act.
The submission made by the learned counsel for the
petitioner that the petitioner has already cleared the
arrears of rent amounting to Rs.3,80,000/- mentioned in
Ext.P10 order is recorded."
4. Today, when the matter is taken up for consideration,
it is submitted by the learned counsel for the petitioner-tenant
that, challenging Ext.P11 order dated 07.01.2019, the tenant
filed appeal before the Rent Control Appellate Authority and that
appeal has already been disposed of recording the fact that
Exts.P10 and P11 orders have already been recalled by the Rent
Control Court.
O.P.(RC) NO.60 OF 2019
5. The learned counsel for the petitioner-tenant and also
the learned counsel for the respondents-landlords would submit
that the reliefs sought for in this original petition has become
infructuous.
Recording the above submission made by the learned
counsel on both sides, this original petition is dismissed as
infructuous.
Sd/-
ANIL K. NARENDRAN,
JUDGE
Sd/-
K. BABU,
JUDGE
MIN
O.P.(RC) NO.60 OF 2019
APPENDIX OF O.P.(RC) NO.60 OF 2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION IN RCP NO.2/2016
BEFORE THE RENT CONTROL COURT, THIRUVALLA
DATED NIL.
EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER IN RCP NO.2/2016 BEFORE THE
RENT CONTROL COURT, THIRUVALLA DATED
17.08.2017.
EXHIBIT P3 TRUE COPY OF THE I.A.NO.2814/2018 IN RCP
NO.2/2016 BEFORE THE RENT CONTROL COURT,
THIRUVALLA DATED 26.11.2018.
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED
29.11.2018 IN I.A.NO.2814/18 IN RCP
NO.2/2016.
EXHIBIT P5 TRUE COPY OF THE I.A.NO.2888/18 IN RCP
NO.2/2016 BEFORE THE RENT CONTROL COURT,
THIRUVALLA DATED 29.11.2018.
EXHIBIT P6 TRUE COPY OF THE RECEIPT AND MEMO DATED
22.01.2019.
EXHIBIT P7 TRUE COPY OF THE I.A.NO.269/2019 IN RCP
NO.2/2016 BEFORE THE RENT CONTROL COURT,
THIRUVALLA DATED 22.01.2019 SEEKING TO SET
ASIDE EXPARTE ORDER.
EXHIBIT P8 TRUE COPY OF THE I.A.NO.270/2019 IN RCP
NO.2/2016 BEFORE THE RENT CONTROL COURT,
THIRUVALLA DATED 22.01.2019.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN
OP(RC)NO.20/2019 OF THIS HON'BLE COURT
DATED 06.02.2019.
O.P.(RC) NO.60 OF 2019
EXHIBIT P10 TRUE COPY OF THE ORDER IN I.A.NO.2814/2018
DATED 30.11.2018 IN RCP NO.2/2016 OF THE
RENT CONTROL COURT, THIRUVALLA.
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 07.01.2019 IN
RCP NO.2/2016 OF THE RENT CONTROL COURT,
THIRUVALLA.
