Saju Paul vs Jaimon Jose
2022 Latest Caselaw 3610 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                               &
           THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                    OP (RC) NO. 74 OF 2022
EARLY DISPOSAL OF R.C.P.NO.10 OF 2015 ON THE FILE OF THE
             RENT CONTROL COURT (MUNSIFF), ALATHUR
PETITIONERS/PETITIONERS:

    1       SAJU PAUL,AGED 61 YEARS
            S/O.VARGHESE, RESIDING AT MALAYIDAN HOUSE,
            PARACHATTATHIL, KORENCHIRA P.O. KIZHAKKENCHERY,
            ALATHUR TALUK, PALAKKAD DISTRICT - 678 684.

    2       ANCY @ ANSAMMA, AGED 54 YEARS, W/O.SAJU PAUL,
            RESIDING AT MALAYIDAN HOUSE, PARACHATTATHIL,
            KORENCHIRA P.O. KIZHAKKENCHERY, ALATHUR TALUK,
            PALAKKAD DISTRICT - 678 684.

            BOTH PETITIONERS REP.BY POWER OF ATTORNEY
            HOLDER, BABY M V, AGED 72 YEARS, S/O.M V
            VARGHESE, PARACHATTATHIL, KORENCHIRA P.O.,
            KIZHAKKENCHERY, ALATHUR TALUK, PALAKKAD DISTRICT
            - 678 684.

            BY ADV.SRI.BABY MATHEW


RESPONDENT/RESPONDENT:

            JAIMON JOSE, S/O.P P JOSE, RESIDING AT PUTHUR
            HOUSE, THOLUR VILLAGE, THOLUR P.O., THRISSUR
            TALUK, THRISSUR DISTRICT - 680 552
            DOING BUSINESS AT V P III/997 G, GROUND FLOOR,
            CITY LIGHT SHOPPING COMPLEX, OLD THRISSUR ROAD,
            VADAKKENCHERY P O. ALATHUR TALUK, PALAKKAD
            DISTRICT - 678 683.


        THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                -2-
O.P(RC)No.74 of 2022



                          JUDGMENT

Anil K. Narendran, J.

The petitioners filed R.C.P.No.10 of 2015 before the Rent

Control Court (Munsiff), Alathur, a petition 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 bearing Door No.V.P.III/997G in

the ground floor of City Light Shopping Complex, having three

shutters. The grievance of the petitioner is the delay in

disposal of of R.C.P.No.10 of 2015, despite the fact that the

respondent-tenant had already filed counter in the said Rent

Control Petition, in the year 2016.

2. Heard the learned counsel for the petitioners-

landlords. Considering the nature of relief proposed to be

granted, service of notice on the respondent-tenant is

dispensed with.

3. The learned counsel for the petitioners-landlords

would point out that the 1 st petitioner is a senior citizen aged

61 years and the Rent Control Petition, which is one filed in

the year 2015, is still pending disposal before the Rent Control

Court.

O.P(RC)No.74 of 2022

Having considered the submission made by the learned

counsel for the petitioners-landlords, this original petition is

disposed of by directing the Rent Control Court, Alathur to

dispose of R.C.P.No.10 of 2015, as expeditiously as possible,

at any rate, within a period of three months from the date of

re-opening of the court after summer vacation.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

AV/25/3

O.P(RC)No.74 of 2022

APPENDIX

PETITIONERS' EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE RENT CONTROL PETITION DATED 31/10/2015 IN RCP NO.10/2015 ON THE FILES OF THE RENT CONTROL COURT, ALATHUR

EXHIBIT P2 TRUE COPY OF THE OBJECTION STATEMENT DATED 17/07/2016 IN RCP NO.10/2015 ON THE FILES OF THE RENT CONTROL COURT, ALATHUR