Abdul Majeed vs Musthafa
2021 Latest Caselaw 19910 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                             &
             THE HONOURABLE MR.JUSTICE K. BABU
  THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA,
                            1943
                  OP (RC) NO. 52 OF 2019
SPEEDY DISPOSAL OF RCP NO.54 OF 2014 OF THE RENT CONTROL
       COURT (MUNSIFF), PARAPPANANGADI, MALAPPURAM
PETITIONER/PETITIONER:

         ABDUL MAJEED
         AGED 50 YEARS
         S/O. RAYINKUTTY HAJI, CHETTALI HOSUE, TRIKKULAM
         AMSOM DESOM, TIRURANGADI P.O., TIRURANGADI
         TALUK, MALAPPURAM DISTRICT.

        BY ADVS.
        JAMSHEED HAFIZ
        SMT.T.S.SREEKUTTY



RESPONDENT/RESPONDENT:

         MUSTHAFA, AGED 60 YEARS
         S/O KADENGAL BEERANKUTTY, MUNEERA HARDWARE, MAIN
         ROAD, CHEMMAD, TRIKKULAM AMSOM DESOM,
         TIRURANGADI P.O., PIN-676 306 TIRURANGADI TALUK,
         MALAPPURAM DISTRICT.


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                      -2-

OP (RC) NO. 52 OF 2019



                                JUDGMENT

Anil K. Narendran, J

The petitioner-landlord has filed R.C.P.No.54 of 2014 before

the Rent Control Court, Parappanangadi under Sections 11(3) and

11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act,

1965, seeking eviction of the respondent-tenant from the petition

schedule building. The petitioner has filed this original petition

under Article 227 of the Constitution of India, seeking an order

directing the Rent Control Court to dispose of R.C.P.No.54 of 2014

within a time limit to be fixed by this Court.

2. On 20.03.2019, when this original petition came up for

consideration, this Court issued notice to the respondent. A report

was called for from the Rent Controller, Parappanangadi about the

present status of R.C.P.No.54 of 2014 and also the time required

for its final disposal.

3. Pursuant to the aforesaid order, a report dated

30.03.2019 of the Rent Control Court is placed on record, wherein

it is stated that the matter can be disposed of in June itself.

In such circumstances, this original petition is disposed of by

directing the Rent Control Court, Parappanangadi to dispose of

OP (RC) NO. 52 OF 2019

R.C.P.No.54 of 2014, in case the same is still pending

consideration, as expeditiously as possible, at any rate, within a

period of three months from the date of receipt of a certified copy

of this judgment.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

K. BABU, JUDGE

AV/23/9

OP (RC) NO. 52 OF 2019

APPENDIX OF OP (RC) 52/2019

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE PETITION IN R.C.P 54/2014 BEFORE THE RENT CONTROL COURT, PARAPPANANGADI DATED 15.12.2014.

EXHIBIT P2 A TRUE COPY OF THE COUNTER IN R.C.P 54/2014 BEFORE THE RENT CONTROL COURT, PARAPPANANGADI DATED 26.5.2015.

EXHIBIT P3 A TRUE COPY OF THE ORDER IN R.C.P 54/2014 BEFORE THE RENT CONTROL COURT, PARAPPANANGADI DATED 10.8.2016.

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN R.C.A 49/2016 BEFORE THE RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT JUDGE), TIRUR DATED 10.10.2017.

EXHIBIT P5 A TRUE COPY OF THE ORDER IN R.C.P 54/2014 BEFORE THE RENT CONTROL COURT, PARAPPANANGADI DATED 18.9.2018.