Kerala High Court
George Polson vs K.M.Mohammad Sheriff 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. 90 OF 2021
ARISING OUT OF RCP 72/2019 OF THE RENT CONTROL COURT
(IIIrd ADDITIONAL MUNSIFF), ERNAKULAM
PETITIONER:
GEORGE POLSON, AGED 66 YEARS, S/O.A.V.POLSON,
ALANGADAN HOUSE, ALANGADAN BUILDINGS, M.G.ROAD,
RAVIPURAM P.O., ERNAKULAM, ERNAKULAM VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, COCHIN-
682016.
BY ADVS.
K.C.ELDHO
MALLENATHAN.M.
RESPONDENT:
K.M.MOHAMMAD SHERIFF, AGED 60 YEARS
S/O.K.A.MUHAMMED RAWTHER, 'KINGS CORNER', DOOR
NO.39/2523, ALANGADAN BUILDINGS, M.G.ROAD,
RAVIPURAM P.O., ERNAKULAM, COCHIN-682016,
KANAYANNUR TALUK, ERNAKULAM DISTRICT.
BY ADVS.
K.A.JALEEL
C.Y.VINOD KUMAR
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
OP (RC) NO. 90 OF 2021
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is the petitioner-landlord in R.C.P.No.72 of
2019 on the file of the Rent Control Court, Ernakulam, has filed this
original petition under Article 227 of the Constitution of India,
seeking an order directing the Rent Control Court to take up Ext.P1,
i.e., R.C.P.No.72 of 2019, on any date prior to 17.09.2021 and
allow the petitioner to adduce his evidence.
2. On 13.09.2021, when this original petition came up for
admission, this Court issued urgent notice on admission by special
messenger to the respondent, returnable by 14.09.2021, at 1.45
p.m. The Registry was directed to call for a report from the Rent
Control Court (IIIrd Additional Munsiff), Ernakulam on the request
made by the petitioner to adduce evidence in R.C.P.No.72 of 2019
on any date prior to 17.09.2021.
3. Pursuant to the order of this Court dated 13.09.2021,
the report dated 14.09.2021 of the Rent Control Court (III rd
Additional Munsiff), Ernakulam is placed on record.
4. Heard the learned counsel for the petitioner-landlord
and also the learned counsel for the respondent-tenant.
OP (RC) NO. 90 OF 2021
5. The learned counsel for the petitioner-landlord and also
the learned counsel for the respondent-tenant would submit that
the Rent Control Court has listed R.C.P.No.72 of 2019 today, for
evidence of the landlord.
In such circumstances, this original petition is disposed of
recording the fact that R.C.P.No.72 of 2019 is listed today for
evidence of the landlord.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
K. BABU, JUDGE
AV/17/9
OP (RC) NO. 90 OF 2021
APPENDIX OF OP (RC) 90/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RENT CONTROL
PETITION NO.72 OF 2019 BEFORE RENT
CONTROL COURT, ERNAKULAM.
Exhibit P2 A TRUE COPY OF THE OBJECTION FILED BY
THE RESPONDENT RCP NO.72 OF 2019
BEFORE RENT CONTROL COURT, ERNAKULAM.
Exhibit P3 A TRUE COPY OF PETITION DATED
03.09.2021 TO REVIEW THE ORDER DATED
04.08.2021 FILED AS RP NO.24 OF 2021
IN RCP NO.72 OF 2019 BEFORE RENT
CONTROL COURT, ERNAKULAM.
Exhibit P4 A TRUE COPY OF THE PROOF AFFIDAVIT
FILED BY THE PETITIONER IN RCP NO.72
OF 2019 BEFORE RENT CONTROL COURT,
ERNAKULAM DATED 09.09.2021.
Exhibit P5 A TRUE COPY OF THE OBJECTION FILED BY
THE RESPONDENT IN RP NO.24 OF 2021 IN
RCP NO.72 OF 2019 BEFORE RENT CONTROL
COURT, ERNAKULAM.
Exhibit P6 A TRUE COPY OF THE PROCEEDINGS OF
10/09/2021 IN EXHIBIT P1 CASE OBTAINED
FROM E-COURT.
