C.A.Chacko vs Nazarudeen
2022 Latest Caselaw 2262 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                               &
           THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
  MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943
                     O.P(RC) NO.42 OF 2022

  IN R.C.A NO.19 OF 2019, R.C.A NO.20 OF 2019, R.C.A NO.21 OF
    2019 AND R.C.A.NO.22 OF 2019 PENDING BEFORE THE HON'BLE
        ADDITIONAL DISTRICT AND SESSIONS JUDGE-V, KOLLAM
PETITIONER/APPELLANTS:

    1     C.A.CHACKO
          AGED 74 YEARS
          S/O.AUGUSTINE, CHANGAN HOUSE, VADKKUMBHAGAM WARD,
          KOLLAM WEST, KOLLAM-691 001
    2     R.RADHAKRISHNA PILLAI,
          AGED 69 YEARS
          S/O. LATE RAMAKRISHNA PILLAI,
          RESIDING AT PADMA BHAVAN, KOTTAKKAKAM WARD,
          CUTCHERRY P.O, KOLLAM WEST VILLAGE, KOLLAM-691 001
    3     R.GOPALAKRISHNA PILLAI,
          AGED 72 YEARS
          S/O. LATE RAMAKRISHNA PILLAI, PROPRIETOR,
          M/S.QUILON HARDWARES, HOSPITAL ROAD, KOLLAM-691 001
          BY ADVS.
          P.PARAMESWARAN NAIR
          ASWIN KUMAR M J
          SREELATHA PARAMESWARAN NAIR
          HELEN P.A.
          RENOY VINCENT
          ARUN ROY
          SHAHIR SHOWKATH ALI


RESPONDENTS/RESPONDENTS:

    1     NAZARUDEEN
          AGED 70 YEARS
          S/O. LATE HAJI.A .MYTHEENKUNJU, ALI MANSION, NO.116,
          SAMSAM NAGAR, VADAKKEVILA.P.O., KOLLAM-691 010
    2     SHARAFUDEEN
          AGED 60 YEARS
          S/O. LATE HAJI.A MYTHEENKUNJU,
          BEEMA'S HOUSE NO.115-A, SAMSAM NAGAR,
          VADAKKEVILA.P.O., KOLLAM-691 010
                                2

OP(RC) NO.42 OF 2022

     3      NIZARUDEEN
            AGED 56 YEARS
            S/O. LATE HAJI.A .MYTHEENKUNJU,'AL- FALAH',
            NO.115B, SAMSAM NAGAR, VADAKKEVILA.P.O., KOLLAM-
            691 010
     4      ARATHY,
            AGED 35 YEARS
            D/O. CHACKO, JOY BHAVANAM, VIDHYA NAGAR,
            NEAR VIDHYADHIRAJA SCHOOL, KOTTAMUKKU,
            KOLLAM WEST, KOLLAM-691 003

     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                      3

OP(RC) NO.42 OF 2022

                          JUDGMENT

Ajithkumar, J

R.C.A.Nos.19, 20, 21 and 22 of 2019 on the file of the Rent

Control Appellate Authority (Additional District Judge-V), Kollam,

arose respectively, from R.C.(OP).Nos.3 of 2014, 4 of 2014, 1 of

2014 and 2 of 2014 on the file of Additional Rent Control Court

(Additional Munsiff), Kollam. Respondent Nos.1 to 3 are the

landlords, who filed R.C.(OP)s for fixation of fair rent under

Section 5(1) of the Kerala Buildings (Lease and Rent Control) Act,

1965. Rent Control Court, as per a common order dated

06.03.2019 fixed fair rent. The respective tenants who are the

petitioners herein filed appeals, R.C.A.Nos.19, 20, 21 and 22 of

2019 under Section (18)(1)(b) of the Act which are now pending

consideration of the Rent Control Appellate Authority.

2. The landlords also filed petitions for eviction as

R.C.P.Nos.39, 40, 41 and 43 of 2017 before the Rent Control

Court, Kollam. In those RCPs, the landlords filed petitions under

section 12 of the Act. Although the Rent Control Court took the

view that the tenants -petitioners are obligated to pay the agreed

rent, the Appellate Authority held that the tenants have to pay the

OP(RC) NO.42 OF 2022

fair rent already fixed in order to avoid eviction under Section

12(3) of the Act. Respective tenants filed Rent Control Revisions

before this Court challenging the judgments of the Appellate

Authority, which are pending. The grievance of the petitioners is

that delay in disposal of RCA Nos.19 to 22 of 2019 which were

filed challenging the orders of the Rent Control Court fixing fair

rent will create enormous burden and will cause prejudice to them.

3. The learned counsel for the petitioners would contend

that the Appellate Authority once had heard the appeals but did

not dispose of. The learned counsel would submit that unless the

said appeals are disposed of without delay, much hardship would

be caused to them in the eviction proceedings. Therefore the

petitioners seek to direct the Appellate Authority to dispose of RCA

Nos.19 to 22 of 2019 within a time limit to be fixed by this Court,

for which they have filed this original petition under Article 227 of

the Constitution of India.

4. Heard the learned counsel appearing for the petitioners

and also the learned counsel appearing for the respondents.

5. The Appellate Authority disposed of the appeals arose

on the applications filed under Section 12 of the Act. Direction of

OP(RC) NO.42 OF 2022

the Appellate Authority is to pay the arrears of rent as fixed by the

Court as fair rent. The learned counsel for the petitioners would

contend that since the proceedings with respect to the fixation of

fair rent is yet to be finalised, it would be quite prejudicial to them,

if they are compelled to pay the fair rent. Having considered the

above aspects and submissions of the learned Counsel on either

side, we are of the view that there shall be a direction to the

Appellate Authority to dispose of RCA Nos.19 to 22 of 2019 within

a reasonable period.

We accordingly allow this original petition by directing the

Rent Control Appellate Authority (Additional District Judge-V),

Kollam to dispose of RCA Nos 19 of 2019, 20 of 2019, 21 of 2019

and 22 of 2019 within one month from the date of production of a

certified copy of this judgment.

Sd/-

ANIL K.NARENDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE PV

OP(RC) NO.42 OF 2022

APPENDIX OF O.P (RC)No.42/2022

PETITIONERS' EXHIBITS Exhibit P1 OFFICE COPY OF R.C.A.NO.21 OF 2019 FILED BY THE 1ST PETITIONER BEFORE THE DISTRICT COURT, KOLLAM DATED 19TH JULY 2019 Exhibit P2 OFFICE COPY OF R.C.A.NO.22 OF 2019 FILED BY THE 1ST PETITIONER BEFORE THE DISTRICT COURT, KOLLAM DATED 19TH JULY 2019 Exhibit P3 OFFICE COPY OF R.C.A.NO.19 OF 2019 FILED BY THE 3RD PETITIONER BEFORE THE DISTRICT COURT, KOLLAM DATED NIL Exhibit P4 OFFICE COPY OF R.C.A.NO.20 OF 2019 FILED BY THE 4TH PETITIONER BEFORE THE DISTRICT COURT, KOLLAM DATED NIL Exhibit P5 DOWNLOADED COPY OF THE CASE STATUS (LIST OF HEARING DATES) AS OBTAINED FROM THE E- COURT SERVICES IN R.C.A.NO.21 OF 2019 PENDING BEFORE ADDITIONAL DISTRICT AND SESSIONS JUDGE-V, KOLLAM Exhibit P6 DOWNLOADED COPY OF THE CASE STATUS (LIST OF HEARING DATES) AS OBTAINED FROM THE E- COURT SERVICES IN R.C.A.NO.22 OF 2019 PENDING BEFORE ADDITIONAL DISTRICT AND SESSIONS JUDGE-V, KOLLAM Exhibit P7 DOWNLOADED COPY OF THE CASE STATUS (LIST OF HEARING DATES AS OBTAINED FROM THE E- COURT SERVICES IN R.C.A.NO.19 OF 2019 PENDING BEFORE ADDITIONAL DISTRICT AND SESSIONS JUDGE-V, KOLLAM Exhibit P8 DOWNLOADED COPY OF THE CASE STATUS (LIST OF HEARING DATES) AS OBTAINED FROM THE E- COURT SERVICES IN R.C.A.NO.20 OF 2019 PENDING BEFORE ADDITIONAL DISTRICT AND SESSIONS JUDGE-V, KOLLAM