Kerala High Court
Nisar .K vs Dr. Abdul Nasar on 17 May, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 17TH DAY OF MAY 2024 / 27TH VAISAKHA, 1946
OP (RC) NO. 63 OF 2024
AGAINST THE ORDER DATED 09.04.2024 IN RCA NO.3 OF 2024 OF
ADDITIONAL DISTRICT COURT, TIRUR ARISING OUT OF THE ORDER
DATED IN RCP NO.2 OF 2022 OF MUNSIFF COURT, TIRUR
PETITIONER/PETITIONER/APPELLANT/1ST RESPONDENT:
NISAR .K
AGED 49 YEARS
S/O KIZHAKKAMKUNNATH ABOOBACKER C/O TIRUR NURSING
HOME CANTEEN TIRUR MALAPPURAM DISTRICT RESIDING
AT BAVAHAJIPPADI , TIRUR MALAPPURAM DISTRICT, PIN
- 676101
BY ADVS.
JAMSHEED HAFIZ
T.S.SREEKUTTY
RESPONDENTS / RESPONDENTS / RESPONDENTS / PETITIONERS &
RESPONDENTS 2 & 3:
1 DR. ABDUL NASAR
S/O C.H KADEEJA UMMA "ANUPAMA" POONGOTTUKULAM
TIRUR MALAPPURAM DISTRICT., PIN - 676101
2 DR. K. NAUSHAD
S/O C.H KADEEJA UMMA WOODGROW, K.G PADI, TIRUR
TALUK, THRIKKANDIYOOR AMSOM, MALAPPURAM DISTRICT,
PIN - 676101
3 BASHEER.K
S/O KIZHAKKAMKUNNATH ABOOBACKER KIZHAKKAMKUNNATH
HOUSE NEAR MALATHI HOSPITAL POONGOTTUKULAM,
THRIKKANDIYOOR (PO), TIRUR MALAPPURAM DISTRICT,
PIN - 676101
4 IYYAHTHUTTY CHITTAKATH POTTAMMAL
W/O ABOOBACKER, BEHIND MALATHI HOSPITAL
-: 2 :-
A.S.NO.543 OF 1999
POONGOTTUKULAM, THRIKKANDIYOOR (PO), TIRUR
TALUK, MALAPPURAM DISTRICT., PIN - 676101
THIS OP (RENT CONTROL) HAVING COME UP FOR
ADMISSION ON 17.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Sathish Ninan, J.
&
Harisankar V. Menon, JJ.
--------------------------------
O.P.(R.C.) No.63 of 2024
----------------------------------------
Dated this the 17th day of May, 2024
JUDGMENT
Sathish Ninan, J.
Petitioner is the tenant and respondents 1 and 2
are the landlords. Rent Control Proceeding was initiated
by the landlords, for eviction. In the R.C.P, an order
was passed against the tenant under Section 12 of the
Kerala Buildings (Lease and Rent Control) Act.
2. Challenging the order, the petitioner preferred
R.C.A.No.3 of 2024 before the Rent Control Appellate
Authority. The Appellate Authority granted stay of the
order on condition that the appellant deposits
Rs.1,80,000/- within 45 days. However, but for
depositing an amount of Rs.50,000/-, he failed to comply
with the order in its entirety. Thereafter, he filed
I.A.No.1 of 2024 on 08/04/2024 seeking extension of time
by two months to comply with the order of deposit. The
appellate court passed Ext.P7 order granting time till
12/04/2024 for depositing the amount. Dissatisfied
thereby and having failed to comply with the condition,
the appellant has approached this Court.
3. We have heard Sri.Jamsheed Hafiz, the learned
counsel for the petitioner.
4. It is not in dispute that the rent is in
arrears from January 2019. The monthly rent payable is
Rs.15,000/-. Thus the arrears payable is a substantial
amount. Section 12 mandates the tenant to deposit the
admitted arrears of rent in order to enable him to
contest the proceedings. The Appellate Court directed
the petitioner to deposit an amount of Rs.1,80,000/- as
a condition for stay of execution. The said amount is
meagre when considering the total arrears. A period of
45 days was granted for compliance of the condition.
Inspite of the same, the said direction was not complied
with by the petitioner. On the application filed for
extension of time, the Appellate Authority having due
consideration to the entire facts, directed compliance
on or before 12.04.2024. The petitioner failed to comply
with the condition.
5. The order under Section 12(1) was passed on
06.07.2023. The order under Section 12(3) was passed on
25.07.2023. On 23.02.2024 the Appellate Authority
ordered deposit of Rs.1,80,000/- only from out of the
admitted arrears, to be made in 45 days. The time was
extended till 12.04.2024. The condition is not complied.
The order was passed on 09.04.2024. The order impugned
does not suffer from any illegality. We find no reason
to entertain the Original Petition.
The O.P.(RC) is dismissed.
Sd/-
Sathish Ninan, Judge
Sd/-
Harisankar V. Menon, JUDGE
rsr
APPENDIX OF OP (RC) 63/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 25.07.2023
IN I.A 4 OF 2023 IN R.C.P 2 OF 2022 OF
THE MUNSIFF COURT , TIRUR.
Exhibit P2 TRUE COPY OF THE APPEAL R.C.A 3 OF 2024
BEFORE THE RENT CONTROL APPELLATE
AUTHORITY (ADDITIONAL DISTRICT JUDGE)
TIRUR DATED 05.01.2024
Exhibit P3 TRUE COPY OF THE I.A 3 OF 2024 IN R.C.A
3 OF 2024 RENT CONTROL APPELLATE
AUTHORITY (ADDITIONAL DISTRICT JUDGE)
TIRUR DATED 15.02.2024
Exhibit P4 TRUE COPY OF THE COUNTER FILED IN I.A 3
OF 2024 IN R.C.A 3 OF 2024 BEFORE THE
RENT CONTROL APPELLATE AUTHORITY
(ADDITIONAL DISTRICT JUDGE) TIRUR DATED
15.02.2024
Exhibit P5 TRUE COPY OF THE ORDER IN I.A 3 OF 2024
IN R.C.A 3 OF 2024 BEFORE THE RENT
CONTROL APPELLATE AUTHORITY (ADDITIONAL
DISTRICT JUDGE) TIRUR DATED 23.02.2024 (
FROM E -COURT SERVICES )
Exhibit P6 TRUE COPY OF THE I.A 1 OF 2024 IN I.A 3
OF 2024 IN R.C.A 3 OF 2024 BEFORE THE
RENT CONTROL APPELLATE AUTHORITY
(ADDITIONAL DISTRICT JUDGE) TIRUR DATED
08.04.2024
Exhibit P7 TRUE COPY OF THE ORDER DATED 09.04.2024
IN I.A 1 OF 2024 IN I.A 3 OF 2024 IN
R.C.A 3 OF 2024 BEFORE THE RENT CONTROL
APPELLATE AUTHORITY (ADDITIONAL DISTRICT
JUDGE) TIRUR
