Baiju Y.P vs Sunil J. Chungath
2022 Latest Caselaw 10299 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
   FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                     OP (RC) NO. 184 OF 2022
[I.A.No.2 of 2021 in R.C.A.No.53 of 2021 on the files of Rent Control
Appellate Authority /VIIth Additional District Court, Ernakulam]
PETITIONER:

           BAIJU Y.P.,
           AGED 52 YEARS,
           S/O. N. PAVITHRAN, THODIYIL HOUSE, MUNDAKKAL(M)
           KOLLAM , PIN - 691001

           BY ADV BIJU ABRAHAM



RESPONDENT:

           SUNIL J. CHUNGATH,
           AGED 42 YEARS
           S/O. DR. JOY P. CHUNGATH, CHUNGATH, VALANJAMBALAM,
           ERNAKULAM, KOCHI - 682 016 REPRESENTED BY DULY
           CONSTITUTED POWER OF ATTORNEY HOLDER SMT. ALFO JOY,
           AGED 67 YEARS, W/O. DR. JOY P. CHUNGATH, CHUNGATH,
           VALANJAMBALAM, ERNAKULAM, KOCHI, PIN - 682016

           BY ADVS.
           Jamsheed Hafiz
           K.K.NESNA(K/302/2014)




    THIS OP (RENT CONTROL) HAVING COME UP FOR
ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 O.P(RC) No.184 of 2022

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                             JUDGMENT

SHOBA ANNAMMA EAPEN, J.

The petitioner herein is the tenant in R.C.P.No.34 of 2019,

on the file of the III Additional Munsiff & Rent Controller, Ernakulam.

This Original Petition(RC) is filed by the petitioner-tenant, seeking a

direction to the Rent Control Appellate Authority (Additional District

Court- VII), Ernakulam to dispose of Ext.P2 (I.A.No.2 of 2021 in

R.C.A.No.53 of 2021) within a time frame. The Rent Control Petition

was filed by the landlord, under Section 11(2)(b) of the Kerala

Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to

for short 'the Act'), seeking eviction of the tenant on the ground of

arrears of rent.

2. The landlord filed Rent Control Petition for arrears

of rent from 16.02.2018 to 15.11.2018. The tenant contended that the

rent fell in arrears only because the landlord had demanded exorbitant

rent and the landlord failed to issue receipts for the payment of rent

made. The Rent Control Court after considering the evidence and

arguments on both sides, allowed the Rent Control Petition as per

Ext.P5 Order, holding that the tenant failed to prove that he has paid O.P(RC) No.184 of 2022

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the rent upto December 2018. The petition under S.11(2)(b) of the Act

was allowed. The tenant was directed to handover the vacant

possession of the petition schedule building to the landlord within 30

days and if the tenant pays the arrears of rent @ Rs.14,586/- per

month from 16.02.2018 to 15.11.2018 with 6% interest and notice

charges within 30 days, the order under S.11(2) (b) shall stand vacated

under S.11(2)(c) of the Act and further costs was also allowed. Tenant

did not comply with the order of the Rent Control Court. The landlord

filed Execution Petition No.233/2021 on 10.11.2021, before the

executing court for executing the order of eviction of the tenant from

Room No.C.C.39/1634. The tenant filed objection challenging the

execution petition.

3. Thereafter, the tenant preferred an appeal,

R.C.A.No.53 of 2021, before the Rent Control Appellate Authority

( Additional District Court- VII), Ernakulam on 15.12.2021. The tenant

also filed I.A.No.2/2021, a petition for stay of execution of order in

R.C.P.No.34/2019 dated 14.09.2021.

4. Meanwhile, on 26.09.2022 the Execution Court

ordered delivery of Room No.C.C.39/1634 and directed the Ameen to

report delivery on 28.09.2022. The tenant submits that an advance O.P(RC) No.184 of 2022

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petition was filed before the Appellate Court for hearing the stay

petition and the case is posted to 10.10.2022. The learned counsel for

the tenant submits that the landlord is taking hasty steps to proceed

with the execution proceedings. This petition is filed under Article 227

of the Constitution of India seeking for a direction to the Rent Control

Appellate Authority (Additional District Court- VII), Ernakulam to

dispose of Ext.P2 (I.A.No.2 of 2021 in R.C.A.No.53 of 2021) within a

time frame. The learned Counsel for the tenant submits that the

landlord is taking advantage of the adjournment of the case, due to the

non-sitting of the Appellate Court.

5. Heard the learned counsel for the petitioner and the

learned counsel for the respondent.

6. The learned counsel for the respondent/landlord

vehemently opposed the original petition. Ext.P5 is the order of

eviction granted by the III Additional Munsiff & Rent Controller,

Ernakulam. Pursuant to that, the respondent/landlord has filed

execution petition E.P.No.233/2021 on 10.11.2021, before the

Executing Court for evicting the petitioner/tenant. Petitioner has filed

R.C.A.No.53 of 2021, before the Rent Control Appellate Authority

(Additional District Court- VII), Ernakulam. Along with the said O.P(RC) No.184 of 2022

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appeal, the petitioner had filed I.A.No.2/2021 for stay of execution of

the order in R.C.P.No.34/2019 on the file of the III Additional Munsiff

& Rent Controller, Ernakulam. It is the case of the petitioner that the

respondent/landlord has moved the execution petition and is taking

hasty steps to proceed with the execution proceedings. Hence, speedy

disposal of I.A.No.2/2021 is warranted.

7. In the said circumstances, in order to meet the interest

of justice, a direction can be given to the Principal District Judge

Ernakulam, due to the non-sitting of the Rent Control Appellate

Authority (Additional District Court- VII), Ernakulam, to dispose of

the petition for stay filed by the petitioner within a reasonable period

and during such period, to direct the Execution Court to keep the

execution proceedings in E.P.No.233/2021 in R.C.P.No.34/2019 in

abeyance.

Hence, this Original Petition(R.C) is disposed of directing

the Principal District Judge Ernakulam, to dispose of I.A.No.2/2021 in

R.C.A.No.53 of 2021, petition for stay, on the files of Rent Control

Appellate Authority (Additional District Court- VII), Ernakulam, filed

by the petitioner for stay of execution of the order in R.C.P.No.34/2019

on the file of the IIIrd Additional Munsiff & Rent Controller, O.P(RC) No.184 of 2022

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Ernakulam within a period of three weeks from the date of production

of a certified copy of this judgment. The parties shall not seek any

adjournments. Till the disposal of I.A.No.2/2021, the Execution Court

is also directed to keep execution proceedings in E.P.No.233/2021 in

R.C.P.No.34/2019 in abeyance.

The Original Petition (RC) is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

sd/-

SHOBA ANNAMMA EAPEN, JUDGE

MBS/ O.P(RC) No.184 of 2022

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APPENDIX OF OP (RC) 184/2022

PETITIONER'S EXHIBITS:-

ExhibitP1 A TRUE COPY OF THE MEMORANDUM OF APPEAL IN R.C.A. NO. 53/2021 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY AND DISTRICT COURT, ERNAKULAM (NOW PENDING BEFORE THE VIITH ADDITIONAL DISTRICT COURT, ERNAKULAM)

ExhibitP2 A TRUE COPY OF THE STAY PETITION FILES AS I.A. NO. 2/2021 IN R.C.A. NO. 53/2021 ON THE FILES OF RENT CONTROL APPELLATE AUTHORITY AND DISTRICT COURT, ERNAKULAM (NOW PENDING BEFORE THE VIITH ADDITIONAL DISTRICT COURT, ERNAKULAM)

ExhibitP3 A TRUE COPY OF THE ORDER IN R.C.P.NO.86/2018 OF THE RENT CONTROL COURT, ERNAKULAM DATED 04- 09-2019

ExhibitP4 A TRUE COPY OF THE STAY ORDER DATED 19-

08-2022 IN R.C.R.NO. 14/2022 OF THIS HON'BLE COURT

ExhibitP5 A TRUE COPY OF THE ORDER IN R.C.P.NO.

34/2019 DATED 14-09-2021 OF THE ADDITIONAL MUNSIFF AND RENT CONTROL COURT ERNAKULAM

ExhibitP6 A TRUE COPY OF THE E.P.NO.233/2021 IN R.C.P.NO.34/2019 ON THE FILES OF THE MUNSIFF COURT ERNAKULAM

ExhibitP7 . A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER ON 20-09-2022 IN E.P.NO.233/2021 IN R.C.P.NO.34/2019