Kerala High Court
Pooram Nidhi Ltd vs Jijo Vembil Rappayi on 8 December, 2023
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
OP (RC) NO. 217 OF 2023
EP NO.1391/2023 OF PRINCIPAL MUNSIFF COURT, THRISSUR.
PETITIONER/JUDGMENT DEBTOR/RESPONDENT :
POORAM NIDHI LTD.,
REPRESENTED BY ITS CHAIRMAN,
C.K.ANILKUMAR, JJP BUILDING, R.NO. 6/414,
B/3, ANCHERY CHIRA DESOM, OLLUR VILLAGE,
THRISSUR TALUK REPRESENTED BY POA HOLDER RAPPAI,
AGED 66 YEARS, S/O. ANTONY, VEMBILMULLAN HOUSE,
SURABHI LANE, P.O. KUTTAMELLOOR, PUTHOOR,
THRISSUR, PIN - 680 006.
BY ADVS.
ANUPAMA SUBRAMANIAN
K.R.SRIPATHI
RESPONDENT/DECREE HOLDER/PETITIONER :
JIJO VEMBIL RAPPAYI, AGED 36 YEARS,
S/O. RAPPAYI, VEMBIL MULLAN HOUSE,
SURABHI LANE, P.O., KUTTANELLUR,
PUTHUR, THRISSUR, PIN - 680 014.
BY ADV K.RAJESH KANNAN
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(RC) No.217 of 2023
-: 2 :-
P.B.SURESH KUMAR & JOHNSON JOHN, JJ.
-----------------------------------------------
O.P.(RC) No.217 of 2023
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Dated this the 8th day of December, 2023.
JUDGMENT
P.B.Suresh Kumar, J.
The tenant in a proceedings for eviction under Section
11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act is the
petitioner in this Original Petition. The respondent is the landlord.
When the matter was taken up for trial, the petitioner remained
ex parte and consequently, the eviction petition was allowed ex
parte on 13-04-2023. Thereupon, the petitioner preferred an
application as R.P. No.293 of 2023 seeking orders to set aside
the ex parte order, and an interlocutory application seeking orders
to condone the delay in filing R.P. No.293 of 2023. The said
applications are pending. It is stated that in the meanwhile, the
respondent instituted a petition to execute the ex parte order, and
in the said proceedings, the building is directed to be delivered
over to the respondent. It is in this background that the above
Original Petition is filed.
2. Heard the learned counsel for the petitioner as
also the learned counsel for the respondent.
3. Having regard to the peculiar facts and
circumstances, we deem it appropriate to dispose of this Original
Petition (Rent Control) directing the Rent Control Court, Thrissur to
consider R.P. No.293 of 2023 and the application filed by the
petitioner seeking orders to condone the delay in filing the said
R.P., before the closure of the court for Christmas recess. Ordered
accordingly. Needless to say, till orders are passed on the said
applications, further proceedings in execution of the order in
R.C.P. No.116 of 2022 shall stand deferred.
Sd/- P.B.SURESH KUMAR, JUDGE.
Sd/- JOHNSON JOHN, JUDGE.
amk
APPENDIX OF OP (RC) 217/2023
PETITIONER'S EXHIBITS :
Exhibit P1 A TRUE COPY OF THE PETITION FILED IN RCP
NO. 116 OF 2022 BEFORE THE HON'BLE RENT
CONTROL COURT, THRISSUR.
Exhibit P2 A TRUE COPY OF THE INCORPORATION
CERTIFICATE OF THE PETITIONER.
Exhibit P3 A TRUE COPY OF THE LICENCE AGREEMENT
BETWEEN THE PETITIONER AND THE RESPONDENT
DATED 22.05.2018.
Exhibit P4 TRUE COPY OF THE DATA CONTAINING THE
RECEIVABLES OF THE PETITIONER COMPANY FROM
MORTGAGES.
Exhibit P5 A TRUE COPY OF THE DATA CONTAINING THE
RECEIVABLES OF THE PETITIONER COMPANY FROM
GOLD LOAN.
Exhibit P6 A TRUE COPY OF THE EXPARTE ORDER IN RCP NO.
116 OF 2022 DATED 13.04.2023 BY THE HON'BLE
RENT CONTROL COURT, THRISSUR.
Exhibit P7 A TRUE COPY OF E.P. NO. 1391 OF 2023 IN
R.C.P. NO. 116 OF 2022 BEFORE THE PRINCIPAL
MUNSIFF COURT, THRISSUR.
Exhibit P8 A TRUE COPY OF I.A. NO. 2 OF 2023 IN R.C.P
NO. 116 OF 2022 BEFORE THE HON'BLE RENT
CONTROL COURT, THRISSUR.
Exhibit P9 A TRUE COPY OF I.A. NO. 1 OF 2023 IN R.C.P
NO. 116 OF 2022 BEFORE THE HON'BLE RENT
CONTROL COURT, THRISSUR.
