Kerala High Court
Sebastian Azuz vs Mariya Telma Poduthas on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
OP (RC) NO. 138 OF 2023
RCP 201/2020 OF III ADDITIONAL MUNSIFF COURT, ERNAKULAM (RENT CONTROL)
PETITIONER/RESPONDENT:
SEBASTIAN AZUZ
AGED 58 YEARS
S/O. MANUEL, H.NO.8/57-A, MOOLAMPILLY, KADAMAKUDY. P.O,
ERNAKULAM, PIN - 682027
BY ADVS.
E.M.JOSEPH
BENNY JOSE (VADASSERIL)
RESPONDENT/PETITIONER:
MARIYA TELMA PODUTHAS
AGED 58 YEARS
W/O.JOHNY PODUTHAS, KORAVAPARAMBIL HOUSE,
MOOLAMPILLY,KADAMAKUDY.P.O, ERNAKULAM., PIN - 682027
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 23.08.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(RC) 138/2023 2
DR.A.K.JAYASANKARAN NAMBIAR
&
MOHAMMED NIAS C.P., JJ
........................................................
O.P(RC) No.138 of 2023
.............................................................
Dated this the 23rd day of August, 2023
JUDGMENT
Mohammed Nias C.P., J
This original petition is filed by the tenant/respondent in RCP
No.201/2020 on the files of the Rent Control Court, Ernakulam, challenging
the order dated 22.7.2023 in I.A. No.5/2023 filed by him for considering the
maintainability of the Rent Control Petition as a preliminary issue.
2. The petitioner, tenant, contended that the lease deed was entered
into between him and one co-owner and that all the co-owners had not
joined him in the Rent Control Petition and, therefore, the respondent
herein alone cannot seek an eviction stating the bona fide need and thus
contended that the Rent Control Petition was not maintainable.
3. The Rent Control Court considered the rival contentions on
maintainability and found going by the decision in Manager, Sai Service
Station Ltd. and another v. Dileep Ganesh [2022 (1) KHC 700] as well
as the decision in John v. District Court [1992 KHC 156] that the
petition can be maintained by one co-owner alone and dismissed I.A.
No.5/2023 filed by the petitioner by Ext.P8 order, which is challenged in
this original petition.
After hearing the learned counsel for the petitioner, we find that the
Rent Control Court had rightly dismissed the petition, raising the
maintainability as a preliminary issue. It also relied on the applicable
precedents to come to the conclusion. We find nothing wrong in Ext.P8 that
warrants interference in this original petition. The petitioner will be free to
raise his contentions on maintainability in case he prefers an appeal against
the final order passed in the Rent Control Petition. Without prejudice to the
same, this original petition is dismissed.
Sd/-
DR.A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
okb/
APPENDIX OF OP (RC) 138/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE WRITTEN STATEMENT DATED
28/05/22 FILED BY THE PETITIONER IN RCP NO.
201/2020
Exhibit P2 TRUE COPY OF THE RENT CONTROL PETITION
NO.201/2020 DATED 02/12/20 FILED BY THE
RESPONDENT
Exhibit P3 TRUE COPY OF THE SALE DEED NO.1441/12 DATED
15/06/12 OF SRO NJARACKAL EXECUTED BY THE
WIFE OF THE PETITIONER
Exhibit P4 TRUE COPY OF THE RENT AGREEMENT DATED
04/07/2012
Exhibit P5 TRUE COPY OF THE RENT AGREEMENT DATED
15/06/2013.
Exhibit P6 TRUE COPY OF I.A.NO.05/2023 DATED 17/06/23
FILED BY THE PETITIONER
Exhibit P7 TRUE COPY OF THE COUNTER AFFIDAVIT DATED
27/06/23 FILED BY THE RESPONDENT.IN IA
NO.05/2023
Exhibit P8 TRUE COPY OF THE ORDER DATED 22/07/2023 IN I
A.NO.05/2023. IN RCP NO. 201/2020
