K V Muhammed Raize vs Naila Haris
2023 Latest Caselaw 74 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 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                     OP (RC) NO. 3 OF 2023
 IA 3/2022 IN RCP 150/2019 OF RENT CONTROL COURT, KANNUR
PETITIONER/PETITIONER/RESPONDENT:

           K V MUHAMMED RAIZE, S/O.MUHAMMED RASHID, AGED 56
           YEARS, STEEL EMPORIUM, SOUTH BAZAR, KANNUR -2,
           KANNUR DISTRICT

           BY ADVS.
           M.M.DEEPA
           P.MAYA
           ANUROOPA JAYADEVAN



RESPONDENTS/RESPONDENTS/PETITIONERS:

    1      NAILA HARIS, D/O. N V HARIS, AGED 34 YEARS,
           PERMANENT RESIDING AT "RAFEEGHAR", P O CHORODE,
           VADAKARA, 673106, NOW RESIDING AT FLAT NO:16172,
           PRESTIGE, LAKE SIDE HABITAT, 28/2SH 35

    2      NOORIE HARIS, D/O.N V HARIS, AGED 26 YEARS,
           PERMANENT RESIDING AT "RAFEEGHAR, P O CHORODE,
           VADAKARA, 673106, NOW RESIDING AT KETHANA
           RESIDENTCY" APARTMENT NO:401, 1ST A MAIN ROAD,
           1495,16TH CROSS ROAD, MUNISWAMAPPA LAYOUT,
           VIGNAN NAGAR, DODDANEKUNDI, KAGGADASAPURA,
           BANGALORE, NO:1 & 2 ARE REPRESENTED BY THEIR
           POWER OF ATTORNEY HOLDER RAFIA HARIS, W/O.N V
           HARIS, AGED 56 YEARS, HOUSEWIFE, RESIDING AT
           "RAFEEGHAR" P O CHORODE, VADAKARA, 673106, PIN -
           673106
 OP (RC) NO. 3 OF 2023
                             ..2..

    3       RAFIA HARIS, W/O.N V HARIS, AGED 56 YEARS,
            HOUSEWIFE, RESIDING AT "RAFEEGHAR" P O CHORODE,
            VADAKARA,, PIN - 673106

    4       N V HARIS, AGED 65 YEARS, S/O.IBRAHIM HAJI, AGED
            65 YEARS, NO OCCUPATION, RESIDING AT "RAFEEGHAR"
            P O CHORODE, VADAKARA, PIN - 673106


        THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (RC) NO. 3 OF 2023
                                    ..3..

                                JUDGMENT

A. MUHAMED MUSTAQUE, J.

The petitioner is the respondent in RCP

No.150/2019 on the files of the Rent Control

Court, Kannur. The petitioner/respondent raised a

preliminary issue as to the title of respondents

1 & 2, who claim to be landlords. In the impugned

order, it is stated that the issue can be decided

after taking evidence and accordingly, the

petition is dismissed.

2. It is to be noted that the matter is listed for

trial. It is at this juncture, the petitioner has

approached this Court. It is also to be noted

that PW1 has already been examined. In such

circumstances, no interference is warranted.

With liberty reserved in the impugned order, the

OP(RC) is dismissed.

Sd/-

A. MUHAMED MUSTAQUE

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-

OP (RC) NO. 3 OF 2023 ..4..

APPENDIX OF OP (RC) 3/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PETITION IN RCP NO:150 OF 2019 ON THE FILE OF THE COURT OF THE RENT CONTROL (ADDITIONAL MUNSIFF COURT) KANNUR

Exhibit P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER IN RCP NO:150 OF 2019

Exhibit P3 TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF THE PETITION IN IA NO:3 OF 2022 IN RCP NO:150 OF 2019 ON THE FILE OF THE RENT CONTROLLER (ADDITIONAL MUNSIFF KANNUR)

Exhibit P4 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 4TH RESPONDENT IN IA NO:3 OF 2022 IN RCP NO:150 OF 2019

Exhibit P5 TRUE COPY OF THE ORDER DATED 02.07.2022 IN IA NO:3 OF 2022 IN RCP NO:150 OF 2019 ON THE FILE OF THE RENT CONTROLLER (ADDITIONAL MUNSIFF COURT KANNUR)