Manilal vs Dr.Afsal A. Sathar
2022 Latest Caselaw 54 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 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
                 O.P.(RC) NO. 95 OF 2021
 AGAINST ORDER DATED 26.08.2021 IN E.P.NO.16 OF 2020 IN
  R.C.(OP) NO.2 OF 2019 ON THE FILE OF THE RENT CONTROL
             COURT (MUNSIFF), KARUNAGAPPALLY
PETITIONER:

            MANILAL,
            AGED 46 YEARS, S/O KARTHIKEYAN,
            KURUPPASSERIL PUTHEN VEEDU, PUNNAKULAM SOUTH
            MURI, ADINADU VILLAGE, KARUNAGAPPALLY,
            KOLLAM DISTRICT - 690 544.
            BY ADVS.
            DEEPA SREENIVASAN
            P.H.ABDUL KALAM
            M.J.MANOJ
            SANUJU R.

RESPONDENTS:

    1       DR.AFSAL A. SATHAR
            AGED 28 YEARS, S/O. ABDUL SATHAR,
            PANICKA VEEDU, ADINADU, SOUTH MURI,
            KARUNAGAPPALLY, PIN - 690518.
    2       NAFEESAKUNJU,
            AGED 50 YEARS, W/O LATE ABDUL SATHAR,
            PANICKA VEEDU, ADINADU SOUTH MURI,
            KARUNAGAPPALLY, KOLLAM DISTRICT, PIN 690 518.
            BY ADV A.SHAFEEK (KAYAMKULAM)

        THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 03.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                2
O.P.(RC) No.95 of 2021

                         JUDGMENT

Ajithkumar, J.

The tenant-judgment debtor is the petitioner. The

respondent filed R.C.(OP) No.2 of 2019 before the Rent

Control Court (Munsiff), Karunagappally seeking eviction on

the ground of arrears of rent. Parties entered into a

compromise and the R.C.(OP) was disposed of in terms of the

said compromise. The petitioner did not comply with the

terms of the compromise, and therefore, the respondent filed

E.P.No.16 of 2020 seeking delivery of the petition schedule

building in execution of the said compromise, which has

matured into an order of eviction.

2. Ext.P1 order was passed by the executing court

(Munsiff), Karunagappally directing delivery of the petition

schedule building. Challenging the said order the petitioner

preferred this Original Petition invoking Article 227 of the

Constitution of India.

3. On 24.09.2021, when this case came up for

consideration, notice on admission was ordered to the

respondents. Delivery of the petition schedule building was

O.P.(RC) No.95 of 2021

ordered to be deferred for a period of one week on condition

of deposit of Rs.5 lakhs towards arrears of rent. On

11.10.2021, on finding that the petitioner did not make the

deposit as per the aforesaid direction, this Court ordered that

the interim order would not be in force after 25.09.2021.

Today, when the matter is taken up for hearing, the learned

counsel appearing for the petitioner submitted that Ext.P1

order is amenable to revision as per the proviso to Section 14

of the Kerala Buildings (Lease and Rent Control) Act, 1965,

and therefore, he may be permitted to withdraw the Original

Petition without prejudice to his right to challenge the order

before the appropriate authority.

4. Having heard both sides, permission is granted to

withdraw the Original Petition. Hence, the Original Petition is

dismissed as withdrawn without prejudice to the right of the

petitioner to challenge Ext.P1 order in accordance with law.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

O.P.(RC) No.95 of 2021

APPENDIX OF O.P.(RC) NO.95 OF 2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 26.08.2021.

Exhibit P2 TRUE COPY OF THE RENT AGREEMENT DATED 01.03.2018.

Exhibit P3 TRUE COPY OF THE EXECUTION PETITION DATED 09.01.2020.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 26.07.2019 OF RS.7,00,000/-.

Exhibit P4(A)      TRUE COPY OF THE      RENT PAID BY      THE
                   PETITIONER   TO         RESPONDENT       ON
                   09.09.2019.
Exhibit P4(B)      TRUE COPY OF THE      RENT PAID BY      THE
                   PETITIONER   TO         RESPONDENT       ON
                   15.12.2019.
Exhibit P4(C)      TRUE COPY OF THE      RENT PAID BY      THE
                   PETITIONER   TO         RESPONDENT       ON
                   15.12.2019.
Exhibit P4(D)      TRUE COPY OF THE      RENT PAID BY      THE
                   PETITIONER   TO         RESPONDENT       ON
                   15.12.2019.
Exhibit P4(E)      TRUE   COPY   OF    THE    RECEIPT     DATED
                   25.11.2020.