Kerala High Court
V.P.Mohiyadheen Aslam vs Puthumana Balakrishnan on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
O.P.(RC) NO. 5 OF 2022
SPEEDY DISPOSAL OF R.C.P.NO.131 OF 2020 ON THE FILE OF
THE RENT CONTROL COURT-I (MUNSIFF-I), KOZHIKODE
PETITIONER:
V.P.MOHIYADHEEN ASLAM
AGED 49 YEARS, S/O SAKARIYA,
RESIDING AT SKYLINE MEDOWS, ERANHIPALAM P.O.,
KOZHIKODE, PIN - 673 006.
BY ADVS.
B.PREMNATH (E)
SARATH M.S.
RESPONDENT:
PUTHUMANA BALAKRISHNAN, BAL TYRES,
SHOP NO.61/3325, ARAVIND GOSH ROAD, CALICUT
HEAD OFFICE (PO), KOZHIKODE DISTRICT,
PIN - 673 001.
THIS O.P.(RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(RC) No.5 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner-landlord has filed R.C.P.No.131 of 2020
before the Rent Control Court-I (Munsiff-I), Kozhikode, a
petition filed under Section 11(3) of the Kerala Buildings
(Lease and Rent Control) Act, 1965 seeking eviction of the
respondent herein-tenant from the petition schedule building.
The document marked as Ext.P1 is the copy of the rent
control petition. Ext.P2 is the copy of the counter statement
filed by the respondent-tenant in R.C.P.No.131 of 2020. The
document marked as Ext.P4 is the report of the Advocate
Commissioner dated 04.01.2021. In this original petition, the
petitioner seeks a time bound consideration of R.C.P.No.131 of
2020.
2. Heard the learned counsel for the petitioner-
landlord. Considering the nature of the relief proposed to be
granted in this original petition, service of notice on the
respondent-tenant is dispensed with.
3. During the course of argument, the learned counsel
O.P.(RC) No.5 of 2022
for the petitioner would submit that the rent control petition
stands posted to 17.01.2022. Since the respondent-tenant
has already filed a counter statement on 02.08.2021, a time
bound disposal of the rent control petition may be ordered.
4. After having considered the submissions made by
the learned counsel for the petitioner, this original petition is
disposed of by directing the Rent Control Court-I (Munsiff-I),
Kozhikode to finally dispose of R.C.P.No.131 of 2020 as
expeditiously as possible, at any rate, within four months
from 17.01.2022.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
O.P.(RC) No.5 of 2022
APPENDIX OF O.P.(RC) 5 OF 2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITIONER NUMBERED
AS R.C.P.NO.131/2O20 PENDING BEFORE
THE MUNSIFF'S COURT-I (RENT CONTROLLER
COURT-I), KOZHIKODE DATED 24.11.2020.
Exhibit P2 TRUE COPY OF THE COUNTER STATEMENT
FILED BY THE RESPONDENT IN
R.C.P.NO.131 OF 2020 ON THE FILE OF
THE MUNSIFF'S COURT-I (RENT CONTROLLER
COURT-I), KOZHIKODE DATED 02.08.2021.
Exhibit P3 TRUE COPY OF THE APPLICATION FOR
DEPUTING AN ADVOCATE COMMISSIONER,
NUMBERED AS I.A.NO.2/2020 IN
R.C.P.NO.131 OF 2020 ON THE FILE OF
THE MUNSIFF'S COURT-I (RENT CONTROLLER
COURT-I), KOZHIKODE DATED 24.11.2020.
Exhibit P4 TRUE COPY OF THE COMMISSION REPORT
FILED IN R.C.P.NO.131 OF 2020 ON THE
FILE OF THE MUNSIFF'S COURT-I (RENT
CONTROLLER COURT-I), KOZHIKODE DATED
04.01.2021.
Exhibit P5 TRUE COPY OF THE CASE DETAILS OF
R.C.P.NO.131 OF 2020 ON THE FILE OF
THE MUNSIFF'S COURT-I (RENT CONTROLLER
COURT-I) KOZHIKODE, DOWNLOADED FROM
THE E-COURTS WEBSITE.
Exhibit P6 TRUE COPY OF THE DAILY STATUS OF
R.C.P.NO.131 OF 2020 ON THE FILE OF
THE MUNSIFF'S COURT-I (RENT CONTROLLER
COURT-I) KOZHIKODE DOWNLOADED FROM THE
E-COURTS WEBSITE AS ON 09.04.2021.
O.P.(RC) No.5 of 2022
Exhibit P7 TRUE COPY OF THE DAILY STATUS OF
R.C.P.NO.131 OF 2020 ON THE FILE OF
THE MUNSIFF'S COURT-I (RENT CONTROLLER
COURT-I) KOZHIKODE DOWNLOADED FROM THE
E-COURTS WEBSITE AS ON 06.12.2021.
