Kerala High Court
Devassy vs E. Nazeer on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA,
1943
O.P.(RC) NO.45 OF 2018
R.C.P. NO.35 OF 2014 OF THE RENT CONTROL COURT
(PRINCIPAL MUNSIFF), ERNAKULAM
PETITIONER:
DEVASSY
AGED 64 YEARS
S/O.P.DEVASSY,
THANNIKKAPPALLY VEEDU,
KADAVANTHRA,
KOCHI, ERNAKULAM.
BY ADV SRI.R.MANOJ
RESPONDENT:
E. NAZEER
S/O.ESMAIL,
AGED 46 YEARS,
4-1, NEERA DALE,
JAGATHY,
THYCAUD VILLAGE,
THIRUVANANTHAPURAM - 695 014.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(RC) NO.45 OF 2018
2
JUDGMENT
Anil K. Narendran, J.
The petitioner is the additional 2nd respondent in R.C.P.
No.35 of 2014 on the file of the Rent Control Court, Ernakulam,
a petition filed by the respondent-landlord under Section 11(2)
and 11(3) of the Kerala Buildings (Lease and Rent Control) Act,
1965, seeking eviction of the tenant from the petition schedule
building bearing No.C.C. 27/2300-A. After the institution of that
Rent Control Petition, the original tenant namely Dr.Gimsy
Devassy, wife of the petitioner herein, died and accordingly he
was impleaded as additional 2nd respondent.
2. On 02.04.2018, the petitioner filed this original
petition under Article 227 of the Constitution of India, seeking an
order directing the Rent Control Court to grant him adequate
time to tender oral evidence in R.C.P. No.35 of 2014. Such a
relief is sought for in this original petition, placing reliance on
Ext.P5 discharge summary dated 08.02.2016, as per which the
petitioner was undergoing treatment in the Regional Cancer
Centre, Thiruvananthapuram. In the original petition, it is stated
that the Rent Control Petition stands posted to 04.04.2017 for
O.P.(RC) NO.45 OF 2018
recording evidence of the petitioner.
3. On 09.04.2018, when this original petition came up
for admission, this Court admitted the matter on file and issued
urgent notice to the respondent, returnable within ten days.
4. On 29.05.2018, while directing the petitioner to take
fresh steps to issue notice to the respondent-landlord, this Court
granted an interim stay of further proceedings in R.C.P. No.35 of
2014 on the file of the Rent Control Court, Ernakulam, for a
period of three weeks. The said interim order was extended until
further orders on 16.07.2018.
5. Despite service of notice, none appears for the
respondent.
6. From the pleadings and materials on record, it is seen
that the petitioner has filed this original petition for grant of
adequate time to tender oral evidence in R.C.P. No.35 of 2014,
which was listed on 04.04.2017 for evidence. Such a relief was
sought on the ground that he was undergoing treatment for
cancer in the Regional Cancer Centre, Thiruvananthapuram, as
evidenced by Ext.P5 discharge summary dated 08.02.2016.
7. The R.C.P. is of the year 2014. On account of the
O.P.(RC) NO.45 OF 2018
interim stay granted in this original petition, the trial and final
disposal of that rent control petition is delayed. In such
circumstances, the petitioner is not entitled for any reliefs in this
original petition, at this distance of time.
8. In the result, the original petition fails and the same is
accordingly dismissed.
Registry to return the Lower Court Records to the Rent
Control Court, forthwith, and the Rent Control Court shall finally
dispose of R.C.P.No.35 of 2014, as expeditiously as possible, at
any rate, within a period of three months from the date of
receipt of a copy of this judgment.
Sd/-
ANIL K. NARENDRAN,
JUDGE
Sd/-
K. BABU,
JUDGE
MIN
O.P.(RC) NO.45 OF 2018
APPENDIX OF O.P.(RC) NO.45 OF 2018
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF ORIGINAL
PETITION IN R.C.P. NO.35 OF 2014 ON THE
FILES OF THE RENT CONTROL COURT, ERNAKULAM
DATED FEBRUARY, 2014
EXHIBIT P2 TRUE COPY OF THE OBJECTIONS FILED BY GIMSY
DEVASSY TO THE RENT CONTROL PETITION DATED
10.06.2014
EXHIBIT P3 TRUE COPY OF THE PLAINT IN O.S. NO.253 OF
2014 ON THE FILES OF THE PRINCIPAL SUB
COURT, ERNAKULAM DATED 16.09.2014
EXHIBIT P4 TURU COPY OF THE I.A. NO.4320 OF 2015 OF
THE RENT CONTROL COURT, ERNAKULAM IN
R.C.P. NO.35 OF 2014 DATED 12.06.2015
EXHIBIT P5 TRUE COPY OF THE DISCHARGE SUMMARY OF THE
PETITIONER DATED 08.02.2016
