Kerala High Court
A.P.Alavi Haji vs Abdul Kabeer on 3 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
MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
O.P.(RC) NO. 121 OF 2021
SPEEDY DISPOSAL OF R.C.P.NO.2 OF 2021 OF THE RENT
CONTROL COURT (MUNSIFF), MANJERI
PETITIONER:
A.P.ALAVI HAJI,
AGED 67 YEARS, S/O.MUHAMMED HAJI,
ATTASSERY PILATHOTTATHIL HOUSE, VILAYIL AMSOM,
PARAPPUR DESOM, KONDOTTY TALUK,
MALAPPURAM DISTRICT.
BY ADV K.RAKESH
RESPONDENT:
ABDUL KABEER,
AGED 65 YEARS, S/O.PILAKKALKANDI MOHAMMED,
VETTUPARA AMSOM, CHEEKOD DESOM, KONDOTTY TALUK,
MALAPPURAM DISTRICT, PIN- 673 638.
BY ADV MUDASSER AHAMED
THIS O.P.(RENT CONTROL) HAVING COME UP FOR FINAL
HEARING ON 03.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
O.P.(R.C.) No.121 of 2021
JUDGMENT
Ajithkumar, J.
The petitioner herein is the landlord and the respondent is
the tenant. The petitioner filed R.C.P.No.2 of 2021 before the
Rent Control Court (Munsiff), Manjeri for eviction under Sections
11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent
Control) Act, 1965. It was alleged that since 22.03.2019 the
respondent has not been paying rent. It is further contended
that the petitioner's son returned from the Gulf, as he lost his
employment there, and he wants to start a jewellery business in
the petition schedule shop room for which its vacant possession
is required.
2. On 06.12.2021, when the case came up for
consideration, this Court issued urgent notice on admission to
the respondent. This Court also directed the Registry to call for
a report from the Rent Control Court regarding the present
status of R.C.P.No.2 of 2021 and also the time limit required for
its final disposal.
3. Heard the learned counsel for the petitioner and also
O.P.(R.C.) No.121 of 2021
the learned counsel for the respondent.
4. In pursuance of the order of this Court, the Rent
Control Court (Munsiff), Manjeri, on 09.12.2021 submitted a
report stating that the R.C.P. was filed on 21.12.2020, the
respondent appeared and filed Vakalath, and the R.C.P. is
posted for filing counter to 22.12.2021. It is also reported that
considering the pendency of old matters, four months' time
would be required for the disposal of the R.C.P.
5. Considering the above report of the learned Munsiff,
we deem it appropriate that the time sought for to dispose of
the R.C.P. is reasonable. Hence, this Original Petition is disposed
of with a direction to the Rent Control Court (Munsiff), Manjeri
to dispose of R.C.P.No.2 of 2021, as early as possible, at any
rate, within a period of four months from the date of production
of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
O.P.(R.C.) No.121 of 2021
APPENDIX OF O.P.(RC) 121/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RENT CONTROL PETITION
FILED BY THE PETITIONER AS R.C.P.NO.2
OF 2021 ON THE FILES OF RENT CONTROL
COURT, MANJERI DATED 10.12.2020.
