Kerala High Court
V.R. Jyothish vs Hussain on 3 January, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
1
O.P.(RC)No.233 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE G. GIRISH
WEDNESDAY, THE 3RD DAY OF JANUARY 2024/13TH POUSHA, 1945
O.P.(RC)NO.233 OF 2023
I.A.No.3 of 2023 IN RCP No.5 of 2016 OF THE PRINCIPAL
MUNSIFF COURT, THRISSUR
PETITIONER/JUDGMENT DEBTOR:
V.R. JYOTHISH
AGED 53 YEARS
S/O. VAKKATH RAMAKRISHNAN, ADVOCATE, AYYANTHOLE
DESOM & VILLAGE, THRISSUR TALUK, THRISSUR
DISTRICT, PIN - 680007
BY ADVS.
MOHAMMED SIYAD M.F.
E.VIJIN KARTHIK
RESPONDENT/DECREE HOLDER:
HUSSAIN
AGED 63 YEARS
S/O. PILATHOTTATHIL KOYAMU, ADAVANADU DESOM &
VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT, PIN
- 676301
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(RC)No.233 of 2023
JUDGMENT
Anil K. Narendran, J.
The petitioner is the respondent-tenant in R.C.P.No.5 of
2016 on the file of the Rent Control Court, Thrissur and the
appellant in R.C.A.No.36 of 2020 on the file of the Rent Control
Appellate Authority-III, Thrissur. The petitioner has filed this
original petition under Article 227 of the Constitution of India,
seeking an order directing the Rent Control Court, Thrissur to
decide Ext.P7 interlocutory application, i.e., I.A.No.3 of 2023
filed in R.C.P.No.5 of 2016, invoking the provisions under
Section 11(2)(c) of the Kerala Buildings (Lease and Rent
Control) Act, 1965, to vacate the order of eviction passed in
that R.C.P. under Section 11(2)(b) of the Act. The petitioner
has also sought for an order directing the Principal Munsiff
Court, Thrissur to keep in abeyance the execution proceedings
in E.P.No.351 of 2020 in R.C.P.No.5 of 2016, till a decision is
taken on Ext.P7 interlocutory application.
2. On 29.12.2023, when this original petition came up
for admission, this Court passed an interim order staying
further proceedings in execution of the order in R.C.P. No.5 of
2016 on the file of the Rent Control Court, Thrissur, till
05.01.2024.
3. Heard the learned counsel for the petitioner-tenant.
Considering the nature of relief proposed to be granted, service
of notice on the respondent-landlord is dispensed with.
4. The petitioner had earlier approached this Court in
O.P.(RC)No.127 of 2023, which was dismissed as infructuous
by Ext.P4 judgment dated 14.08.2023. Paragraphs 2, 3 and
also the last paragraph of that judgment read thus;
"2. On 14.07.2023, when this original petition came up
for admission, this Court admitted the matter on file. The
learned counsel took notice for the respondent. In view
of the fact that payment of an amount of Rs.5,00,000/-
has been made towards arrears of rent, this Court
granted an interim stay of all further proceedings in
E.P.No.351 of 2020 in R.C.P.No.5 of 2016 on the file of
the Principal Munsiff Court, Thrissur, for a period of one
month.
3. Today, when this matter is taken up for consideration,
the learned counsel for the petitioner-tenant would
submit that the Rent Control Appellate Authority has
finally heard R.C.A.No.36 of 2020 and reserved the
matter for judgment and therefore, this original petition
may be dismissed as infructuous.
In such circumstances, recording the aforesaid
submission made by the learned counsel for the
petitioner, this original petition is dismissed as
infructuous."
5. Thereafter, the petitioner had approached this Court
in O.P.(RC)No.203 of 2023, which was disposed of by Ext.P5
judgment dated 23.11.2023. Paragraph 4 and also the last
paragraph of that judgment read thus;
"4. The learned counsel for the petitioner-tenant would
submit that R.C.A.No.36 of 2020 is listed today before the
Rent Control Appellate Authority (District Judge), Thrissur
for final hearing. The learned counsel would submit that
the balance amount towards arrears of rent comes around
Rs.2,50,000/-, which the petitioner is prepared to deposit
within the time limit to be fixed by this Court.
In such circumstances, without expressing anything as to
the balance amount payable by the petitioner-tenant
towards arrears of rent in E.P.No.351 of 2020 in
R.C.P.No.5 of 2016, this original petition is disposed of
with the following directions;
Within ten days from today, the petitioner-tenant
shall deposit an amount of Rs.2,50,000/- before
the Principal Munsiff Court, Thrissur or shall pay to
the respondent-landlord, towards the arrears of
rent in respect of the petition schedule building in
R.C.P.No.5 of 2016. On that condition, further
proceedings in E.P.No.351 of 2020 in R.C.P.No.5 of
2016 on the file of the Principal Munsiff Court,
Thrissur, shall be deferred for a period of one
month or till the final disposal of R.C.A.No.36 of
2020, whichever is earlier. In case the petitioner-
tenant defaults payment of the aforesaid amount
within the time limit stipulated above, it would be
open to the execution court to proceed with
E.P.No.351 of 2020 in accordance with law."
6. By Ext.P6 common order dated 16.12.2023, the
Rent Control Appellate Authority dismissed R.C.A.Nos.36 of
2020 and 37 of 2020 filed by the petitioner-tenant, challenging
the order of the Rent Control Court dated 31.10.2019 in
R.C.P.Nos.6 of 2016 and 5 of 2016. It is thereafter that the
petitioner filed Ext.P7 interlocutory application, invoking the
provisions under Section 11(2)(c) of the Act to vacate the order
of eviction passed in R.C.P.No.5 of 2016.
7. Having considered the submissions made at the Bar,
we deem it appropriate to dispose of this original petition by
directing the Rent Control Court, Thrissur to pass appropriate
orders on Ext.P7 interlocutory application, i.e., I.A.No.3 of
2023 in R.C.P.No.5 of 2016 with notice to petitioner-tenant and
respondent-landlord, as expeditiously as possible, at any rate,
within a period of three weeks from this date. Till such orders
are passed, further proceedings in E.P.No.351 of 2020 in
R.C.P.No.5 of 2016 shall be deferred by the Principal Munsiff
Court, Thrissur.
It is made clear that this Court has not expressed
anything as to the maintainability of Ext.P7 interlocutory
application. It is for the Rent Control Court to decide that
aspect, in case such a contention is raised by the respondent-
landlord.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
G. GIRISH, JUDGE
MIN
APPENDIX OF OP (RC) 233/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMMON ORDER DATED
31/10/2019 IN RCP NO. 5/2016 PASSED BY
THE RENT CONTROL COURT, THRISSUR
EXHIBIT 2 TRUE COPY OF THE EXECUTION PETITION
BEARING E.P. NO. 351/2020 IN RCP NO.
5/2016 DATED 22/2/2020 THUS FILED BY
THE RESPONDENT ON THE FILES OF THE
PRINCIPAL MUNSIFF COURT, THRISSUR
EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED
23/5/2022 IN E.P. NO. 351/2020 IN RCP
NO. 5/2016 ON THE FILES OF THE
PRINCIPLE MUNSIFF COURT, THRISSUR
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 14-08-
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 23-11-
2023 IN O.P.(RC) NO. 203/2023 PASSED
BY THE HIGH COURT OF KERALA
EXHIBIT P6 TRUE COPY OF THE COMMON JUDGMENT IN
RCA NOS. 36/2020 AND 37/2020 DATED
16/12/2023
EXHIBIT P7 TRUE COPY OF THE PETITION FILED AS I.A
NO. 3/2023 IN RCP NO. 5/2016 DATED 20-
12-2023
