Kerala High Court
Baburaj vs Valsa Thomas on 4 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
O.P. (RC) NO. 96 OF 2022
AGAINST THE ORDER IN E.P.NO.1381 OF 2021 IN IN RCP 80 OF
2020 OF RENT CONTROL COURT, THRISSUR
RCA 2906/2022 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
PETITIONER/APPELLANT/RESPONDENT:
BABURAJ
AGED 47 YEARS, S/O MONGADI VEETTIL KRISHNAN,
RESIDING AT MONGADI VEETTIL, EDASSERY,
THALIKULAM VILLAGE, CHAVAKKAD, THRISSUR
DISTRICT., PIN - 680569
BY ADV I.DINESH MENON
RESPONDENT/RESPONDENT/PETITIONER:
VALSA THOMAS
W/O THARAKAN VEETTIL THOMAS, THARAKAN HOUSE,
ARANATTUKARA VILLAGE AND DESOM, THRISSUR TALUK,
TRRISSUR DISTRICT, PIN - 680618.
BY ADVS.
T.M.CHANDRAN
S.SUJITH
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(RC) No.96 of 2022
JUDGMENT
Ajithkumar, J.
On 27.08.2021, Ext.P3 order was passed by the Rent
Control Court (Munsiff), Thrissur in R.C.P.No.80 of 2020,
under Section 12(1) of the Kerala Buildings (Lease and Rent
Control) Act, 1965, directing the petitioner-tenant to deposit
admitted arrears of rent of Rs1,32,000/- within a period of
four weeks from the date of that order. He failed to comply
with the direction. Resultantly, Ext.P4 order in R.C.P.No.80 of
2020 under Section 12(3) of the Act was passed and the
petitioner was directed to hand over vacant possession of the
petition schedule building to the respondent-landlord.
2. Challenging that order, an appeal under Section
18(1)(b) of the Act was filed by the petitioner before the Rent
Control Appellate Authority (District Judge), Thrissur. It was
not admitted to file, since there occurred a delay of 28 days in
preferring the appeal. Ext.P9 is a copy of the application to
condone the delay.
3. Grievance of the petitioner is that pending
O.P.(RC) No.96 of 2022
consideration of Ext.P9 application by the Appellate Authority,
the Execution Court is taking hasty steps to effect delivery.
The learned counsel appearing for the petitioner Advocate
Dinesh Menon would submit that despite depositing
Rs.50,000/- towards the arrears of rent, the Execution Court
is not relenting, but is proceeding to effect delivery, in which
event, the appeal would become infructuous.
4. The learned counsel appearing for the respondent
Sri.T.M.Chandran would submit that the current arrears of
rent is above Rs.3 lakhs and the attempt of the petitioner is to
continue in the premises without making payment of the rent.
5. Having considered the matter in detail, we are of
the view that a direction to the Appellate Authority to dispose
of Ext.P9 application in a time frame is apposite and required.
Hence, we dispose of this Original Petition directing the Rent
Control Appellate Authority (District Judge), Thrissur to
dispose of Ext.P9 within a period of three weeks from the date
of reopening of the courts after summer recess. In the
meantime, proceedings in E.P.No.1381 of 2021 before the
O.P.(RC) No.96 of 2022
Execution Court (Principal Munsiff), Thrissur shall stand
deferred, but, on the condition of deposit of Rs.1,50,000/-
towards arrears of rent by the petitioner before the Execution
Court, within a period of 15 days from today.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
O.P.(RC) No.96 of 2022
APPENDIX OF OP (RC) 96/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF PETITION IN RCP 80/2020
DATED 23.9.2020.
Exhibit P2 TRUE COPY OF THE PETITION IN IA
NO.2/2020 IN RCP 80/2020 DATED NIL
Exhibit P2 A TRUE COPY OF THE OBJECTION TO IA
NO.2/2020 DATED 22.3.2021.
Exhibit P3 TRUE COPY OF THE ORDER IN IA 2/2020 IN
RCP 80/2020 DATED 27.8.2021
Exhibit P4 TRUE COPY OF THE ORDER IN RCP 80/2020
DATED 30.10.2021
Exhibit P5 TRUE COPY OF THE PETITION IN EP
1381/2021 IN RCP 80/2020 DATED
23.11.2021
Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED
31.3.2022 IN EP 1381/2021
Exhibit P7 TRUE COPY OF THE CASH RECEIPT DATED
5.4.2022 SHOWING REMITTANCE OF
RS.60,000/-.
Exhibit P8 TRUE COPYT OF THE ORDER IN EP
1381/2021 IN RCP 80/2020 DATED
7.4.2022.
Exhibit P9 TRUE COPY OF THE RENT CONTROL APPEAL
PREFFERRED BY PETITIONER DATED
14.4.2022 ALONG WITH STAY PETITION AND
DELAY PETITION.
