Kerala High Court

Ernakulam Urban Co-Operative Society ... vs M.G. Lalu on 12 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                      OP(C) NO. 2 OF 2024
 AGAINST THE ORDER DATED 10.04.2023 IN I.A.NO.1/2022 IN OS
  NO.1054 OF 2007 OF ASSISTANT SESSIONS COURT/I ADDITIONAL
                      SUB COURT,ERNAKULAM
PETITIONER/RESPONDENT NO.2 (THIRD PARTY AND NOT A PARTY TO
THE ORIGINAL SUIT- MADE A PARTY ONLY IN I.A.NO.1 OF 2022 BY
THE 1ST RESPONDENT:

          ERNAKULAM URBAN CO-OPERATIVE SOCIETY LTD. NO. 7
          MADATHIPARAMBIL HOUSE, ELAMKULAM VILLAGE,
          KANAYANNUR TALUK, NEAR PAVAKULAM TEMPLE,
          KALOOR, KOCHI REPRESENTED BY ITS SECRETARY,
          PIN - 682017
          BY ADVS.
          RAJESH NAIR
          K.BALACHANDRAN (MANGALATH)
          BIJOY CHANDRAN


RESPONDENTS/PETITIONER-DEFENDANT/RESPONDENT NO.1-PLAINTIFF:

    1     M.G. LALU
          AGED ABOUT 54 YEARS, S/O GANGADHARAN,
          MADATHIPARAMBIL HOUSE, ELAMKULAM VILLAGE,
          KANAYANNUR TALUK, NEAR PAVAKULAM TEMPLE,
          KALOOR, KOCHI, PIN - 682017
    2     M.G. AJAYAGOSH
          S/O LATE GANGADHARAN, MADATHIPARAMBIL HOUSE,
          ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM,
          REPRESENTED BY ITS POWER OF ATTORNEY HOLDER,
          SARATH GHOSH, AGED ABOUT 28 YEARS,
          MADATHIPARAMBIL HOUSE, ELAMKULAM VILLAGE,
          KANAYANNUR TALUK, ERNAKULAM, PIN - 682017
 OP(C) NO. 2 OF 2024

                                    - : 2 :-

            BY ADVS.
            K.S.SAJEEV KUMAR
            BISMI T.A.(K/145/2019)
            MOHANDAS K.CHACKO(K/399/2010)
            RAMESH.P.N.(K/000096/2019)
            SUKESAN P.S.(K/1942/2021)
            DEVIPRIYA SATHYASEELAN(K/002841/2022)



     THIS     OP   (CIVIL)    HAVING           COME   UP    FOR    ADMISSION   ON
12.04.2024,    THE    COURT    ON      THE       SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 2 OF 2024

                               - : 3 :-




                         JUDGMENT

Heard the learned counsel for the petitioner as well as the

learned counsel for the 1st respondent. There is no appearance for

the 2nd respondent, despite service of notice.

2. The challenge in this Original Petition is against

Ext.P1 order passed by the Additional Sub Court -I, Ernakulam

(for short 'the trial court). As per Ext.P1 order, the petitioner

herein was directed to deposit the rental arrears from

07/12/2017.

3. Petitioner is the tenant in respect of the building

bearing No.44/1208 D of Division No.44 in Corporation of

Cochin having an extent of 700 sq.ft. There was dispute between

the respondents as to who is the landlord. There was litigation

between the parties. Ultimately, as per Ext.P4 order, the 1 st

respondent was recognized as the landlord. It was thereafter,

Ext.P1 was passed.

4. This Court as per interim order dated 21.03.2024 OP(C) NO. 2 OF 2024

- : 4 :-

directed the petitioner to deposit the arrears of rent from

07/12/2017 before the trial court. The learned counsel for the

petitioner submitted that in fact the petitioner paid rent from

07/12/2017 to 30/05/2018 directly to the 2 nd respondent. Hence,

he is liable to deposit the arrears from 01/06/2018 only. It is

further submitted that the rent from 01/06/2018 till 21/03/2024

has been deposited at the trial court. I.A.No.1/2024 has been

filed by the petitioner to clarify and modify the order dated

21/03/2024 of this Court to the extent of substituting the

effective date from which rent arrears are to be deposited as

01/06/2018 instead of 07/12/2017. Since the petitioner says that

they have already paid rent to the 2 nd respondent from

07/12/2017 to 30/05/2018, the clarification sought for is only to

be allowed. Hence, I.A.No.1/2024 stands allowed.

5. I.A.No.3/2024 has been filed by the 1 st respondent to

direct the trial court to disburse the amount deposited by the

petitioner to him. Since, the petitioner has already recognized

the 1st respondent as landlord and the 2nd respondent did not OP(C) NO. 2 OF 2024

- : 5 :-

appear before this Court to contest this application, the said

prayer is only to be allowed. Hence, I.A.No.3/2024 stands

allowed and the trial court is directed to disburse the amount

deposited by the petitioner to the 1st respondent herein.

Since there is substantial compliance of Ext.P1 order, no

further relief is necessary in this Original Petition and

accordingly, it is closed.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS OP(C) NO. 2 OF 2024

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APPENDIX OF OP(C) 2/2024

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ORDER PASSED IN I.A. NO.1 OF 2022 IN I.A. NO. 5079 OF 2017 IN O.S. NO.1054 OF 2007 BY THE COURT OF ADDITIONAL SUB JUDGE -I, ERNAKULAM ON 10-04-2023 EXHIBIT P2 TRUE COPY OF L.A. NO.1 OF 2022 IN I.A. NO.5079 OF 2017 IN O.S. NO.1054 OF 2007 FILED BY THE 1ST RESPONDENT BEFORE THE COURT OF I ADDITIONAL SUB COURT, ERNAKULAM EXHIBIT P3 A TRUE COPY OF THE OBJECTION IN EXT. P2 (I.A. NO.1 OF2022 IN I.A. NO. 5079 OF 2017 IN O.S. NO.1054 OF 2007) FILED BY THE PETITIONER ON 1ST OF MARCH 2023 BEFORE THE I ADDITIONAL SUB COURT, ERNAKULAM EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 13-04- 2018 PASSED BY THE COURT OF I ADDITIONAL SUB JUDGE, ERNAKULAM IN I.A. NO. 5079 OF

EXHIBIT P5 A TRUE COPY OF THIS LETTER DATED 22-06- 2018 WRITTEN BY THE 1ST RESPONDENT AND ADDRESSED TO THE PETITIONER EXHIBIT P6 A TRUE COPY OF THE LETTER DATED 02-07- 2018 ISSUED BY THE PETITIONER TO THE SECOND RESPONDENT EXHIBIT P7 A TRUE COPY OF THE LAWYER NOTICE DATED 12-07-2018 SENT ON BEHALF OF THE SECOND RESPONDENT TO THE PETITIONER EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION DATED 23-07-2018 ISSUED BY THE PETITIONER TO THE FIRST RESPONDENT OP(C) NO. 2 OF 2024

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EXHIBIT P9 A TRUE COPY OF THE DEMAND DRAFT NO (016156 DATED 28-03-2024) DRAWN ON THE KERALA STATE CO-OPERATIVE BANK LTD 1413, KALOOR EVENING BRANCH BY THE PETITIONER EXHIBIT P10 A TRUE COPY OF THE MEMO FILED BY THE PETITIONER ON 30TH OF MARCH 2024 BEFORE THE I ADDITIONAL SUB COURT, ERNAKULAM EXHIBIT P11 A TRUE COPY OF THE RECEIPT DATED 04-12-

EXHIBIT P12 A TRUE COPY OF TRANSFER DETAILS OF THE AMOUNT OF RUPEES TWENTY THREE THOUSAND AND TWENTY THREE (RS. 23, 023/-) ON 4TH OF DECEMBER 2024 IN TO THE SAVINGS BANK ACCOUNT OF THE 2ND RESPONDENT EXHIBIT P13 A TRUE COPY OF THE RECEIPT DATED 03-01-

EXHIBIT P14 A TRUE COPY OF THE TRANSFER DETAILS OF THE AMOUNT OF RUPEES TWENTY THREE THOUSAND AND TWENTY THREE (RS. 23, 023/-) ON 03-01-2018 IN TO THE SAVINGS BANK ACCOUNT OF THE 2ND RESPONDENT EXHIBIT P15 A TRUE COPY OF THE RECEIPT DATED 02-02-

EXHIBIT P16 A TRUE COPY OF THE TRANSFER DETAILS OF THE AMOUNT OF RUPEES TWENTY THREE THOUSAND AND TWENTY THREE (RS. 23, 023/-) ON 02-02-2018 IN TO THE SAVINGS BANK ACCOUNT OF THE 2ND RESPONDENT EXHIBIT P17 A TRUE COPY OF THE RECEIPT DATED 02-03-

EXHIBIT P18 A TRUE COPY OF THE TRANSFER DETAILS OF THE AMOUNT OF RUPEES TWENTY THREE THOUSAND AND TWENTY THREE (RS. 23, 023/-) ON 02-03-2018 IN TO THE SAVINGS BANK ACCOUNT OF THE 2ND RESPONDENT EXHIBIT P19 A TRUE COPY OF THE RECEIPT DATED 03-04-

OP(C) NO. 2 OF 2024

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EXHIBIT P20 A TRUE COPY OF THE TRANSFER DETAILS OF THE AMOUNT OF RUPEES TWENTY THREE THOUSAND AND TWENTY THREE (RS. 23, 023/-) ON 03-04-2018 IN TO THE SAVINGS BANK ACCOUNT OF THE 2ND RESPONDENT EXHIBIT P21 A TRUE COPY OF THE RECEIPT DATED 02-05-

EXHIBIT P22 A TRUE COPY OF THE TRANSFER DETAILS OF THE AMOUNT OF RUPEES TWENTY THREE THOUSAND AND TWENTY THREE (RS. 23, 023/-) ON 02-05-2018 IN TO THE SAVINGS BANK ACCOUNT OF THE 2ND RESPONDENT EXHIBIT P23 A TRUE COPY OF THE RECEIPT DATED 02-06-

EXHIBIT P24 A TRUE COPY OF THE TRANSFER DETAILS OF THE AMOUNT OF RUPEES TWENTY THREE THOUSAND AND TWENTY THREE (RS. 23, 023/-) ON 02-06-2018 IN TO THE SAVINGS BANK ACCOUNT OF THE 2ND RESPONDENT EXHIBIT P25 ATRUE COPY OF THE RECEIPT (RCD 256/23-24 DATED 30-03-2024)) ISSUED BY THE OFFICE OF THE PRINCIPAL SUB JUDGE, ERNAKULAM