Sivadas vs Vijayalakshmi K
2021 Latest Caselaw 20162 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                              &
             THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                  OP (RC) NO. 68 OF 2020
  AGAINST THE ORDER DATED 28/02/2018 IN RCP 129/2017 OF
         PRINCIPAL MUNSIFF COURT - I, KOZHIKODE
PETITIONER/RESPONDENT/APPELLANT:

         SIVADAS
         AGED 57 YEARS
         S/O.ANANDAN, ANUGRAHA, 1/4526 DEVI NAGAR COLONY,
         KACHERI AMSOM AND DESOM, KOZHIKODE TALUK, PIN-
         673011.

         BY ADV C.BHASKARAN



RESPONDENT/PETITIONER/RESPONDENT:

         VIJAYALAKSHMI K
         AGED 82 YEARS
         W/O.V.P.ACHUNNI, ANJALI, PUTHIYANGADI AMSOM
         DESOM, KOZHIKODE TALUK, PIN-673021.


     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                     -2-

OP (RC) NO. 68 OF 2020



                                JUDGMENT

Anil K. Narendran, J.

The petitioner is the tenant in R.C.P.No.129 of 2017 on

the file of the Rent Control Court (Principal Munsiff),

Kozhikode, a petition filed by the respondent herein-landlord

under Section 11(3) of the Kerala Buildings (Lease and Rent

Control) Act, 1965 seeking eviction of the tenant from the

petition schedule building. The Rent Control Petition was

allowed by Ext.P1 order dated 28.02.2018, granting order of

eviction under Section 11(3) of the Act. The tenant challenged

the said order by filing R.C.A.No.58 of 2019 before the Rent

Control Appellate Authority, Kozhikode, which was also

dismissed by the judgment dated 05.03.2020. The petitioner

has filed this original petition under Article 227 of the

Constitution of India, seeking an order directing the Rent

Control Appellate Authority, Kozhikode to issue a copy of the

judgment dated 05.03.2020 in R.C.A.No.58 of 2019, within a

time limit to be specified by this Court. The petitioner has also

sought for an order staying all further proceedings in

OP (RC) NO. 68 OF 2020

E.P.No.107 of 2019 in R.C.P.No.129 of 2017 on the file of the

Principal Munsiff Court-I, Kozhikode.

2. On 20.03.2020, when this original petition came up

for admission, the matter was ordered to be posted after

vacation.

3. R.C.A.No.58 of 2019 filed by the tenant was

dismissed by the judgment dated 05.03.2020 of the Rent

Control Appellate Authority, Kozhikode. The tenant challenged

that judgment by filing R.C.Rev.No.115 of 2020 before this

Court, invoking the provisions under Section 20 of the Act.

That revision has already been dismissed by the order dated

03.08.2020 of a Division Bench of this Court.

In such circumstances, no orders are required in this

original petition and the same is accordingly dismissed.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

K. BABU, JUDGE AV/25/9

OP (RC) NO. 68 OF 2020

APPENDIX OF OP (RC) 68/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 28.02.2018 IN RCP NO.129/2017 OF RENT CONTROL COURT (I), KOZHIKODE.

EXHIBIT P2 A TRUE COPY OF THE ORDER IN O.P.(RC) NO.16/2020 DATED 31.01.2020.