Kerala High Court
Konikkara Sobhana Davis vs Kunhippokkarakath Aiseevi on 6 March, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE G. GIRISH
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
OP (RC) NO.26 OF 2024
AGAINST THE ORDER DATED 19.02.2024 IN I.A.NO.3 OF 2023 IN RCP
NO.55 OF 2022 OF RENT CONTROL (MUNSIFF MAGISTRATE) COURT,
PONNANI
PETITIONER/RESPONDENT/RESPONDENT/TENANT:
KONIKKARA SOBHANA DAVIS
AGED 65 YEARS
D/O ANTONY, PONNANI NAGARAM, AMSOM, PUNNATHIRUTHY
DESOM, PONNANI TALUK, MALAPPURAM DISTRICT - 679577
BY ADVS.
RAJESH SIVARAMANKUTTY
VIJINA K.
ARUL MURALIDHARAN
RESPONDENT/PETITIONER/PETITIONER/LANDLORD:
KUNHIPPOKKARAKATH AISEEVI
AGED 67 YEARS
D/O BAVAKUTTY, KADAVANAD AMSOM, PUDUPONNANI DESOM,
PONNANI TALUK, MALAPPURAM DISTRICT, PIN - 679586
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
O.P.(RC) No.26 of 2024
JUDGMENT
G. Girish, J.
The tenant in R.C.P.No.55 of 2022 of the Rent Control Court,
Ponnani challenges Ext.P4 order of the said court allowing
amendment of the rent control petition for the correction of the date
of commencement of tenancy which the landlord is said to have
mistakenly stated.
2. The respondent-landlord filed Ext.P3 I.A before the Rent
Control Court, Ponnani, stating that the date of commencement of
rental arrangement was mistakenly stated in the rent control petition
as 11.06.2003 instead of 24.01.2018 which the landlord claims to
be the actual date of rental arrangement. Accordingly, the above
correction was sought to be incorporated in the rent control petition.
The Rent Control Court allowed the above amendment as per Ext.P4
order passed on 19.02.2024. Aggrieved by the above order
permitting amendment, the tenant is here before this Court with this
Original Petition filed under Article 227 of the Constitution of India.
3. Heard the learned counsel for the petitioner-tenant.
4. According to the learned counsel for the petitioner, the
proposed amendment would change the nature and scope of the
proceedings and take away the vested right of the tenant. Thus, it
is stated that the Rent Control Court ought to have disallowed the
amendment sought for by the landlord.
5. The modification sought to be made in the rent control
petition in respect of the actual commencement of rental
arrangement between the landlord and tenant cannot be said to be
one causing prejudice to the tenant. Nor could it be said to change
the basic nature of the plea set forth by the landlord in the rent
control proceedings. The tenant could very well file additional
counter statement explaining his defence to the amended version of
the rent control petition. He could also adduce evidence to disprove
the contentions set forth by the landlord as per the amended rent
control petition. The proposed amendment appears to be one which
is required to determine the real question in controversy between
the parties. Thus there is absolutely no illegality, impropriety or
error in the order under challenge warranting the interference of this
Court in exercise of its supervisory jurisdiction under Article 227 of
the Constitution of India. Needless to say, that the present Original
Petition filed by the tenant can only fail.
In the result, the petition is hereby dismissed.
(sd/-)
ANIL K. NARENDRAN, JUDGE
(sd/-)
G. GIRISH, JUDGE
jsr/vgd
APPENDIX OF OP (RC) 26/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION IN R.C.P. NO.
55/2022 DATED 18-7-2022 FILED BY THE
RESPONDENT AGAINST THE PETITIONER BEFORE
THE RENT CONTROL COURT, PONNANI
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT DATED
23-5-2023 IN R.C.P. NO. 55/2022 FILED BY
PETITIONER BEFORE THE RENT CONTROL COURT,
PONNANI
EXHIBIT P3 TRUE COPY OF THE PETITION AND AFFIDAVIT IN
I.A. NO. 3/2023 IN R.C.P. NO. 55/2022 DATED
21-11-2023 FILED BY THE RESPONDENT AGAINST
PETITIONER BEFORE RENT CONTROL COURT,
PONNANI.
EXHIBIT P4 COPY OF THE ORDER DATED 19-2-2024 IN I.A.
NO. 3/2023 IN R.C.P. NO. 55/2022 PASSED BY
THE RENT CONTROL
